Naaj v. Aetna Insurance

579 N.W.2d 815, 218 Wis. 2d 121, 1998 Wisc. App. LEXIS 418
CourtCourt of Appeals of Wisconsin
DecidedMarch 31, 1998
Docket96-3640
StatusPublished
Cited by6 cases

This text of 579 N.W.2d 815 (Naaj v. Aetna Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Naaj v. Aetna Insurance, 579 N.W.2d 815, 218 Wis. 2d 121, 1998 Wisc. App. LEXIS 418 (Wis. Ct. App. 1998).

Opinions

WEDEMEYER, P.J.

Ahmad Abu Naaj appeals from a summary judgment dismissing Naaj's complaint, which alleged safe place violations, against Adel Kheirieh and Aetna Insurance Company. Naaj claims the trial court erred in granting Kheirieh's motion for summary judgment. Because summary judgment was properly granted, we affirm.

I. BACKGROUND

On June 12,1994, Naaj was working at his place of employment, Post Foods, which is a grocery/liquor store. The store leases space in the building located at 3455 Martin Luther King Drive. Kheirieh was the owner of the building. On the date of the incident, a man entered Post Foods and attempted to take a bottle of wine. When Naaj confronted the man, he struck Naaj with the bottle, causing serious injuries.

Naaj filed a lawsuit against Kheirieh alleging that, as the owner of the building, Kheirieh has a duty and an obligation to ensure that the building was a safe place to work, pursuant to the safe place statute, § 101.11, Stats. The complaint alleged that Kheirieh [124]*124knew or should have known that the building was located in a high-crime area, which required Kheirieh to equip the building with "security systems, such as silent alarms and surveillance cameras." There is also an allegation that an alarm system that was in place was deactivated in order to perform some remodeling to the building.

Kheirieh filed a motion seeking summary judgment on the basis that, as the owner of the building used as a place of employment, his statutory duties were limited to maintaining the building free of structural defects and unsafe conditions associated with the structure. See § 101.11(1), Stats. The motion proffered that because Naaj's injuries were not related to any structural defect or unsafe condition associated with the structure, summary judgment was appropriate.

The trial court ruled in pertinent part:

[T]he duty to maintain this security system is a duty associated with conditions of employment and maintaining a safe employment, which is the duty of the employer and not the duty of an owner of a place of employment.
. . . there is no case that says the owner of the building is responsible to install and maintain some sort of a security alarm system for the conduct of a business which is operated by a separate legal entity on those premises ....

The trial court granted Kheirieh's motion for summary judgment and dismissed the case. Naaj now appeals.

II. DISCUSSION

Naaj claims the trial court erred in granting summary judgment because: (1) the law is unclear; and (2) [125]*125the trial court applied the wrong legal standard; instead of determining whether Kheirieh had a duty to maintain the alarm system, the trial court should have considered whether Kheirieh made the premises as safe as its nature permitted. We are not persuaded.

The procedure for reviewing a trial court's decision on summary judgment has been set forth in numerous cases and will not be repeated here. See Grams v. Boss, 97 Wis. 2d 332, 338, 294 N.W.2d 473, 476-77 (1980). Our review is de novo. See id.

The statute at issue here is the safe place statute, § 101.11, Stats. It states in pertinent part:

(1) Every employer shall furnish employment which shall be safe for the employes therein and shall furnish a place of employment which shall be safe for employes therein and for frequenters thereof and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such employment and places of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employes and frequenters. Every employer and every owner of a place of employment or a public building now or hereafter constructed shall so construct, repair or maintain such place of employment or public building as to render the same safe.
(2)(a) No employer shall require, permit or suffer any employe to go or be in any employment or place of employment which is not safe, and no such employer shall fail to furnish, provide and use safety devices and safeguards, or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe, and no such employer shall fail or neglect to do [126]*126every other thing reasonably necessary to protect the life, health, safety or welfare of such employes and frequenters; and no employer or owner, or other person shall hereafter construct or occupy or maintain any place of employment, or public building, that is not safe, nor prepare plans which shall fail to provide for making the same safe.

As noted by the trial court, the statute creates three different categories of persons under the safe place law: employers, owners of places of employment, and owners of public buildings. This distinction is supported by the language of the statute itself as well as case law interpreting it. See generally Leitner v. Milwaukee County, 94 Wis. 2d 186, 287 N.W.2d 803 (1980); Jaeger v. Evangelical Lutheran Holy Ghost Congregation, 219 Wis. 209, 262 N.W. 585 (1935).

There is a plain distinction between the obligation of an employer and the obligation of the owner of a building. The employer's duty to furnish safe employment includes the furnishing of a safe place of employment, and the employer has a broad duty not only with respect to the structure, which constitutes the place of employment, but with reference to the devices and other property installed or placed in such place.

Jaeger, 219 Wis. at 211-12, 262 N.W. at 586.

The obligation of an owner of a public building to furnish a safe place under the safe place statute is limited to structural or physical defects or hazards. See Williams v. International Oil Co., 267 Wis. 227, 229, 64 N.W.2d 817, 818 (1954). "Some confusion still arises because the duties of owners of public buildings and places of employment are covered in the same section of the statute." Id. The obligation of an owner of a public [127]*127building to furnish a safe place under the safe place statute is limited to structural defects. See id. "The obligation of an employer to furnish a safe place of employment is a broader duty." Id. An employer's obligation includes providing a safe place of employment and safe employment. See id. .

The decisive question in this case, therefore, is whether the allegations regarding the alarm system and safety devices fall into the category of "safe place of employment" or "safe employment."1

If it relates to a "safe place of employment," both the owner and employer are responsible. If it relates only to "safe employment," however, then only the employer is responsible for such condition. Naaj argues that because Kheirieh controlled the alarm system, and, because Kheirieh deactivated the alarm system during remodeling, the failure to have the alarm system working on the date of the incident falls on Kheirieh.

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Naaj v. Aetna Insurance
579 N.W.2d 815 (Court of Appeals of Wisconsin, 1998)

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Bluebook (online)
579 N.W.2d 815, 218 Wis. 2d 121, 1998 Wisc. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naaj-v-aetna-insurance-wisctapp-1998.