In Haugen v. Northern State Bank (2019AP746), the Court of Appeals affirmed a circuit court’s order barring Haugen from a tort claim against Northern State Bank for an injury caused by an over 10 years old structural defect over.

Facts

While a customer at Northern State Bank, Haugen asked to use the restroom and an employee directed him down a carpeted hallway that joined the original bank building to an adjacent building bought in 1972. Because the main floors were built at different levels, the hallway connecting the buildings had a slight incline of 4 and 1/8 inches over a distance of 21 inches. This incline allegedly caused Haugen to stumble and hurt his shoulder. He sued the bank for negligence. 

The Bank moved for summary judgement under Wis. Stat. § 893.89, which bars any claims resulting from injuries caused by structural defects beginning ten years after a structure is substantially completed.

Decision

Haugen argued that pursuant to Wis. Stat. § 893.89(4)(c), the statute of repose does not protect “[a]n owner or occupier of real property for damages resulting from negligence in the maintenance, operation or inspection of an improvement to real property.”

The Court of Appeals, however, ruled that his argument did “not provide evidentiary facts sufficient to oppose summary judgment.” Therefore, the circuit court properly granted the bank summary judgement.