High court: UW not liable for injuries in ’93 stadium surge

The Wisconsin Supreme Court affirmed Wednesday, March 3 that UW–Madison officials are not liable for the injuries suffered by students who rushed the football field after a Badger victory at Camp Randall Stadium in 1993.

The court, 3-3, affirmed an appeals court ruling in February 1998 that said UW–Madison officials are protected by previous court decisions that give Wisconsin state employees immunity from lawsuits based on discretionary decisions performed within the scope of the employees’ official duties.

UW–Madison officials said they were not surprised by the Supreme Court decision. The state Attorney General’s office, which defended the university officials, presented plenty of evidence to show that all decisions regarding crowd control were discretionary acts done with safety in mind, said John Dowling, university legal counsel.

The justices’ action upheld earlier decisions by the 4th District Court of Appeals and Dane County Circuit Court. The lower courts rejected the arguments of eight of the people injured when celebrating students tried to rush from the Camp Randall stands onto the field at the Wisconsin- Michigan football game Oct. 30, 1993.

The courts found that the UW employees were shielded from the personal injury lawsuits because their decisions fall within the immunity given public officials for discretionary acts and decisions.

Before the game, the university had formulated a plan for “how to best reduce the potential for injury” in post-game crowd control and “did not ignore the potential danger,” the appeals court said.

In the wake of the crowd-surge incident, the university made physical changes to the stadium that help keep fans safer in their seats.