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Moran v. Milwaukee County1/25/2005
k a bit more but was hurting so went home."
Mrs. Moran's handwritten May 14 report also alleged that she "still problems with pain," that she "take a lot of medication," that she was seeing a physical therapist twice a week, and that she has not "really resumed normal life at all!"
. Although, we can assume that, like the Town of Silver Cliff in Nielsen v. Town of Silver Cliff, 112 Wis. 2d 574, 334 N.W.2d 242 (1983), Milwaukee County could now assess the nature and extent of Mrs. Moran's treatment, Mrs. Moran was unable in 2002, and is unable now, to tell Milwaukee County: (1) who might have seen her trip; (2) who saw her immediately after she tripped; or (3) to whom she spoke after the accident. Indeed, in a July 12, 2002, letter from her lawyers to the adjuster for Milwaukee County, Mrs. Moran indicated that although she was not working for Hertz, but, rather, Shared Technologies Cellular, " he would visit the [Hertz] gold booth approximately once each day she worked," and " hough there were individuals at the gold booth on the day of the accident," she did "not recall their names." Milwaukee County has no way apparent from this record of investigating the contemporaneous impressions that are essential to properly assess both a plaintiff's story of injury and the County's share of potential liability for that injury. Milwaukee County is stuck with Mrs. Moran's recollections. Thus, Nielsen, upon which the Morans rely, is inapposite because although in that case the Town was told late that Randall Nielsen hurt his back when he lifted "a large stone monument" off a child's leg on which it had fallen, Nielsen, 112 Wis. 2d at 575-576, 334 N.W.2d at 243, there was no indication that the Town was thereby prevented from learning from witnesses what had happened, id., 112 Wis. 2d at 581-582, 334 N.W.2d at 246. Indeed, the insurance company's claims manager in Nielsen conceded that the company's investigation was not prejudiced. Id., 112 Wis. 2d at 582, 334 N.W.2d at 246. The situation here is different and, on our de novo review, we agree with the trial court that the Morans have not satisfied their burden of showing that Milwaukee County was not prejudiced by their failure to give the requisite 120-day notice under Wis. Stat. § 893.80(1).
By the Court.-Judgment affirmed.
Publication in the official reports is recommended.
. WEDEMEYER, P.J. (dissenting). I write separately because, based on the facts presented, I would reverse the trial court's decision and remand for further proceedings.
. The purpose of Wis. Stat. § 893.80(1)(a) is to give the governmental unit notice that an injury has occurred and offer it an opportunity to investigate. Nielsen v. Town of Silver Cliff, 112 Wis. 2d 574, 580, 334 N.W.2d 224 (1982). The statute requires the injured party to identify the circumstances of the claim within 120 days of the event. Probst v. Winnebago County, 225 Wis. 2d 753, 757-58, 593 N.W.2d 478 (Ct. App. 1999).
. Here, there is no dispute that the December 5 incident report was a written report provided to the County within the 120-day notice period. The dispute concerns whether the information provided therein is sufficient to put the County on notice that Patricia may file a claim. We conclude that the incident report, although not ideal, satisfies the basic requisites of the statute. The report was filled out by Patricia, who provided her printed name, address and description of what happened. It identified the accident site, the cause of the accident, and the fact that she injured her knee. In response to the report, the County inspected the accident site, took photographs, and removed the hazard. Thus, the report satisf
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