Statutory Interpretation – Liability

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WI Court of Appeals – District III

Case Name: City of Eau Claire v. Debora Ann West

Case No.: 2017AP1527

Officials: HRUZ, J.

Focus: Statutory Interpretation – Liability

Debora West was cited for violating WIS. STAT. § 346.675(1), which imposes liability upon a vehicle owner when his or her vehicle is operated in the commission of a “hit-and-run.”  The circuit court concluded West was not guilty and dismissed this citation. While West owned the vehicle involved in the hit-and-run incident, the court interpreted § 346.675(4)(b). as providing West with a defense to liability because she had “negligently” “los[t] control of her vehicle and of its whereabouts” before the accident.

The City now appeals, arguing the circuit court erred in its interpretation and application of WIS. STAT. § 346.675.  As explained below, we agree with the City. We thus reverse the order finding West not guilty and dismissing the citation, and we remand for the court to hold further proceedings consistent with this opinion.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.