Travelers Seeks Review of Its Liability in Milwaukee Ballpark Case

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MILWAUKEE—An insurance firm has asked the Wisconsin Court of Appeals to review its financial liability in a lawsuit over problems with the retractable roof at Miller Park, postponing the trial on the suit in the meantime.

Travelers Indemnity Co. of Illinois also filed a motion in Milwaukee County Circuit Judge Kitty Brennan’s court asking her to separate the insurance issues from the main case, and halt the trial until the insurance dispute is resolved.

Brennan ruled in October that Travelers had breached its duty to defend the stadium district; HCH, which was the project manager during the construction of Miller Park, and Mitsubishi Heavy Industries of America, which built the ballpark’s roof.

The judge also ruled that Travelers was responsible for all claims against the district, HCH and Mitsubishi; was responsible for any judgment rendered by a jury and must pay all litigation costs and attorney fees.

Mitsubishi asked the appeals court earlier to consider a change-of-venue motion, citing possible juror bias and pretrial publicity. Mitsubishi has argued that an impartial jury cannot be picked in Milwaukee County because the verdict will have a direct impact on residents.

Residents in Milwaukee, Ozaukee, Waukesha, Racine and Washington counties pay a 0.1 percent sales tax to help pay for the stadium construction.

The trial is scheduled to begin Jan. 10 before Brennan.

The case began in January 2002, when the Miller Park stadium district filed a legal claim against Mitsubishi and HCH, alleging mismanagement and negligence in construction of the roof. The district is seeking $44 million in damages.

Mitsubishi filed a suit of its own arguing that it was owed more money for the extra time and materials needed to complete the roof. Mitsubishi had been seeking as much as $87 million in damages, but Brennan earlier cut that damage claim to about $37 million.

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