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D is a nonprofit entity. D has organized an annual fundraising event called the Sweet Applewood Festival. The Festival has been a D event for fourteen years. D controls the grounds and determines how the Festival runs. It controls how and where tents are placed; the selection of vendors; and ensures necessary services such as security, first responders, and garbage disposal are provided. D was responsible for general electrical work. In 2012, D applied for a special event permit and stated, 'COMMUNITY FESTIVAL FEATURING FOOD, BEVERAGES, MUSIC, CARNIVAL RIDES, RAFFLES. FESTIVAL IS RUN AS THE MAJOR ANNUAL FUNDRAISER FOR THE CUDAHY LIONS CLUB.' The event would include 'amplified sound.' Amplified sound must be directed away from residences. and comply with Section 47.022, Noise, of Chapter 47 of the Milwaukee County Ordinances. It was D's responsibility to provide the electrical requirements to support the event. D contracted with Rhythm Method for music. The contract stated that 'sound and lights' would be provided by Rhythm Method. It also stated, '[p]rofessional covered stage and power by purchaser.' The contract provided that each member of Rhythm Method was individually obligated to adhere to its terms and conditions and that the leader of Rhythm Method was an agent of D. Rhythm Method, LLC had five people as members, plus Fryed Audio, another LLC. Steven Fry was the sole member of Fryed Audio. The contract with the Lions Club was signed, 'Steven Fry,' on behalf of Rhythm Method, LLC. Steven Fry laid Rhythm Method's electronic and electric cords on the floor of the music tent for D’s event. P allegedly tripped on a cord, which led to this lawsuit. P sued in negligence. Steven Fry explained that he had not received specific instructions from D on how to lay electric and electronic cords. In years past, before a Festival began, D performed a walkthrough looking for, among other things, trip hazards. Rhythm Method had a prior relationship with D. It had played at the festival in past years. In the past, when D determined that cords needed to be covered, it provided the mats to do that. It also placed orange cones to alert frequenters to a potential hazard. The circuit court concluded that Fryed Audio was an agent of D.The court of appeals reversed the circuit court because it concluded that the absence of reasonably precise specifications regarding the placement of cords negated the possibility of an agency relationship.

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