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Torts — governmental immunity — sewer inspections

By: WISCONSIN LAW JOURNAL STAFF//October 6, 2011//

Torts — governmental immunity — sewer inspections

By: WISCONSIN LAW JOURNAL STAFF//October 6, 2011//

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Wisconsin Court of Appeals

Civil

Torts — governmental immunity — sewer inspections

This action stems from the City of West Bend’s discovery that sanitary waste was discharging into the City’s storm water main, instead of its sanitary main. The source of this discharge was the plumbing connected to the residence of Scott and Danette Neuendorf. An investigation revealed that a private plumber had connected the Neuendorfs’ sanitary pipe to the wrong main when the plumbing was first installed. The Neuendorfs sued the City to recover the costs associated with correcting the hookup, alleging that the City’s plumbing inspector had negligently failed to discover the incorrect hookup. The City moved for summary judgment, arguing that it was immune from suit. Based on immunity, the circuit court granted summary judgment in the City’s favor.

On appeal, the Neuendorfs assert that the circuit court erred because two exceptions to immunity apply—the “ministerial duty” exception and the “known danger” exception. We are not persuaded that either exception applies and, accordingly, affirm the circuit court. Not recommended for publication in the official reports.

2010AP2570 Neuendorf v. City of West Bend

Dist II, Washington County, Muehlbauer, J., Lundsten, P.J.

Attorneys: For Appellant: Algiers, Timothy J., West Bend; For Respondent: Ford, Michele M., Milwaukee

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