By: WISCONSIN LAW JOURNAL STAFF//March 3, 2015//
Wisconsin Court of Appeals
Civil
Torts – Governmental immunity
Where city firefighters did not tell residents t leave their homes during a gas leak, and a home exploded, the city is not entitled to governmental immunity.
“It is undisputed that the two 911 callers reported smelling gas in their homes and that one caller reported seeing an obvious gas line leak in the street. The obvious leak in the street was confirmed by City employees promptly upon their arrival. The trial court here observed, ‘[t]here is no doubt that the gas leak here was extremely dangerous, more than unsafe.’ We conclude, based on these undisputed facts, that this was a known and compelling danger which imposed a ministerial duty on the City to act. Whether the City was negligent in the manner in which it performed its ministerial duty is a question for the jury.”
Reversed and Remanded.
Recommended for publication in the official reports.
2014AP130 Oden v. City of Milwaukee
Dist. I, Milwaukee County, Guolee, J., Kessler, J.