Statutory Interpretation – Digger’s Hotline

By: Derek Hawkins//July 24, 2018//

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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.

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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.

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