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LODL v. PROGRESSIVE NORTHERN INS. CO.

No. 00-0221.

253 Wis.2d 323 (2002)

2002 WI 71

646 N.W.2d 314

Susan M. LODL, Plaintiff-Co-Appellant, KOHL'S DEPARTMENT STORE, Involuntary-Plaintiff, v. PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Co-Appellant, LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant, WAUSAU UNDERWRITERS INSURANCE COMPANY, Officer Brian M. Fredericks and Town of Pewaukee, Defendants-Respondents-Petitioners, v. Walker J. YOUNG, Jr., Third-Party Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 25, 2002.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Raymond J. Pollen, Michele M. Ford and Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee, and oral argument by Michele Ford.

For the defendant-appellant and third-party defendant-appellant there was a brief by Thomas A. Cabush and Kasdorf, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Thomas A. Cabush.

For the plaintiff-co-appellant and defendant-third-party plaintiff-co-appellant there was a brief by John D. Surma and Hills & Hicks, S.C., Brookfield, and Mark L. Thomsen, Sarah E. Frink and Cannon & Dunphy, S.C., Brookfield, and oral argument by Mark L. Thomsen.

¶ 1. DIANE S. SYKES, J.

This case concerns the scope and proper application of the judicially-created "known danger" exception to municipal and public officer immunity under Wis. Stat. § 893.80(4) (1997-98).1

¶ 2. The plaintiff Susan Lodl was injured in an intersection accident in the Town of Pewaukee. The traffic control lights at the intersection were inoperable because...

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