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DAMASCHKE v. CITY OF RACINE

No. 88-1099.

150 Wis.2d 279 (1989)

441 N.W.2d 332

Geneva DAMASCHKE, Plaintiff-Respondent, v. CITY OF RACINE, a municipal corporation, Defendant-Appellant, OPEN PANTRY FOOD MARTS OF WISCONSIN, a domestic corporation, and Great Central Insurance Group, a foreign insurance carrier, Defendants.

Court of Appeals of Wisconsin.

Decided April 26, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant the cause was submitted on the brief of Joseph Boyle, city attorney, and Guadalupe G. Villarreal, assistant city attorney, of Racine.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of the Nathan Law Office, S.C., of Racine.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

A jury determined that the city of Racine's snow plowing activity following a snow storm created a nuisance resulting in injury to Geneva Damaschke when she slipped and fell on a driveway apron. The resultant judgment awarded Damaschke damages in the amount of $34,496.22. The city appeals, arguing that Damaschke's action for damages is barred by sec. 81.15, Stats., which precludes any action for injuries against a municipality based upon an accumulation...

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