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Home / Opinion / 2009AP2815 Elmer v. Wisconsin County Mutual Insurance Company, et al.

2009AP2815 Elmer v. Wisconsin County Mutual Insurance Company, et al.

Torts
Governmental immunity

In 2006, Polk County, pursuant to a contract with the State of Wisconsin, laid and compacted six inches of gravel on Highway 65. Kelli Elmer was killed and Courtney Doolittle was severely injured when Kelli lost control of her van as it entered the gravel lift later that day.

Timothy and Terry Elmer, Kelli’s representatives, and Jerome and Kathrin Doolittle, Courtney’s representatives, appeal a summary judgment dismissing their negligence claims against the County. They contend the circuit court improperly concluded the County is immune from liability under Wis. Stat. § 893.80(4). Specifically, they contend the County breached ministerial duties to use particular materials in the gravel lift, to place a certain amount of signage at the construction site, and to prepare a formal traffic control plan. They also assert the County had a ministerial duty to remedy the known and compelling danger presented by the lift. Because we agree with the circuit court that the County’s duties were discretionary, we affirm. This opinion will not be published.

2009AP2815 Elmer v. Wisconsin County Mutual Insurance Company, et al.

Dist III, Polk County, Galewyrick, J., Per Curiam

Attorneys: For Appellant: Biegert, Matthew A., New Richmond; For Respondent: Misfeldt, Thomas J., Eau Claire; Steffes, Ryan, Eau Claire

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