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Torts — inherently dangerous activities — herbicides

By: WISCONSIN LAW JOURNAL STAFF//April 23, 2013//

Torts — inherently dangerous activities — herbicides

By: WISCONSIN LAW JOURNAL STAFF//April 23, 2013//

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Wisconsin Court of Appeals

Civil

Torts — inherently dangerous activities — herbicides

Kelli and Bruce Brandenburg appeal a judgment dismissing their claims against their neighbor, Robert Luethi, and his insurer, McMillan-Warner Mutual Insurance Company. The Brandenburgs’ complaint alleged that Luethi hired Briarwood Forestry Services, LLC, to apply herbicides to Luethi’s property, and that Briarwood’s negligent application of the herbicides damaged trees and plants on the Brandenburgs’ land. The circuit court concluded Luethi could not be held liable for Briarwood’s alleged negligence because Briarwood was an independent contractor and the application of the herbicides was not an inherently dangerous activity. We conclude the circuit court used an improper legal standard to determine that Briarwood’s work was not inherently dangerous. Under the correct standard, Briarwood’s application of the herbicides was an inherently dangerous activity. We therefore reverse and remand for further proceedings. Not recommended for publication in the official reports.

2012AP2085 Brandenburg v. Luethi, et al.

Dist III, Trempealeau County, Damon, J., Cane, J.

Attorneys: For Appellant: Arndt, Daniel C., Sparta; For Respondent: Terwilliger, W. Thomas, Wausau; Burnett, Timothy J., Wausau

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