By: Derek Hawkins//July 24, 2018//
WI Court of Appeals – District III
Case Name: Lakeland Communications Group LLC v. Polk County
Case No.: 2017AP1262
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Statutory Interpretation – Digger’s Hotline
Lakeland Communications Group LLC (Lakeland) appeals an order, entered following a bench trial, dismissing two consolidated small claims actions it brought against Polk County. The actions stemmed from two separate incidents where County maintenance crews damaged Lakeland’s roadside transmission facilities while they were mowing vegetation. Lakeland contends the circuit court erred in determining the County was not negligent per se under WIS. STAT. § 182.0175, the Digger’s Hotline statute, because the County failed to call the Hotline before conducting mowing operations. Lakeland also contends the court erred in concluding the County had no common law liability for negligence in this case. We reject Lakeland’s arguments and affirm.