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SELZLER v. DRESSER, ETC., FIRE DEPT.

No. 86-1765.

141 Wis.2d 465 (1987)

415 N.W.2d 546

Edward SELZLER and Ruth Selzler, Plaintiffs-Respondents and Cross-Appellants, UNITED OF OMAHA INSURANCE COMPANY, Plaintiff-Respondent, v. DRESSER, OSCEOLA, GARFIELD FIRE DEPARTMENT, Defendant-Appellant and Cross-Respondent, ALLSTATE INSURANCE COMPANY and Milwaukee Ins. Co., Defendants.

Court of Appeals of Wisconsin.

Decided September 15, 1987.

Attorney(s) appearing for the Case

For the defendants-appellants and cross-respondents there were briefs and oral argument by Joe Thrasher of Weisel, Thrasher, Doyle & Pelish, Ltd., of Rice Lake.

For the plaintiffs-respondents and cross-appellants there was a brief and oral argument by Steven B. Goff of Bye, Krueger & Goff, S.C., of River Falls.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The Dresser, Osceola, Garfield Fire Department appeals a judgment permitting each plaintiff to recover up to $150,000 against the fire department. The fire department contends that the trial court misinterpreted sec. 893.80(3), Stats., by holding that the liability limitation applied to each governmental unit that had formed the fire department. We agree. Because the joint fire department is one governmental agency under sec. 893.80(3), and recovery for each...

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