2004AP2232 Village of Cross Plains v. Haanstad

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Accordingly, we reverse the contrary conclusion of the Court of Appeals.

“The court of appeals’ conclusion directly contradicts the plain meaning of the statute. According to the explicit words of the statute, in order to ‘operate’ a motor vehicle, the statute requires that the person physically manipulate or activate any of the controls of the motor vehicle necessary to put it in motion. The Village does not dispute, and the court of appeals concluded, that Haanstad never physically manipulated or activated any of the vehicle’s controls. She did not turn on or turn off the ignition of the car. She did not touch the ignition key, the gas pedal, the brake, or any other controls of the vehicle. Haanstad simply sat in the driver’s seat with her feet and body pointed towards the passenger seat. Haanstad did not ‘operate’ a motor vehicle under the statute’s plain meaning.”

Reversed.

Court of Appeals; Butler, J.

Attorneys:

For Appellant: Kenneth B. Axe, Paul A. Johnson, Frank C. Sutherland, Village of Cross Plains

For Respondent: John M. Gerlach, Madison