PHOTO: Courtesy of WLUK
MARINETTE, WI (WTAQ-WLUK) – A state appeals court Tuesday upheld the dismissal of a lawsuit by a Marinette County Jail inmate who claimed his teeth were damaged when he bit into something hard.
Jesse Clubb sued the county and Aramark, the food service provider in the jail, after bit down on a hard object in his food on Sept. 13, 2018.
“Clubb described the object in his food as a black or brown “hunk of plastic” like the “corner of a cutting board or something”,” the Tuesday decision states.
A Marinette County judge dismissed the claims, but Clubb appealed. In its 19-page ruling, the Court of Appeals rejected two arguments.
The claim against Aramark for violating its contract was rejected.
“Because Clubb is neither a party to nor a third-party beneficiary of the contract between the County and Aramark, his claim against Aramark for its alleged breach of the contract fails as a matter of law. We affirm the circuit court’s dismissal of this claim,” the ruling states.
The claim of negligence by the county was also rejected.
“Therefore, because we conclude that WIS. STAT. 302.38(1) merely establishes that the County has a duty to provide appropriate care to inmates, if necessary, and did not impose a ministerial duty on the County in this case, the County is entitled to immunity pursuant to WIS. STAT. 893.80(4). Accordingly, we affirm the circuit court’s order granting summary judgment to the County,” the ruling states.
The decision could be appealed to the Wisconsin Supreme Court.
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