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TURNER v. MILWAUKEE

No. 94-1461.

193 Wis.2d 412 (1995)

535 N.W.2d 15

Linda M. TURNER, Plaintiff-Appellant, v. CITY OF MILWAUKEE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 11, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Gray & End, with J. Michael End of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Grant F. Langley, city attorney, and John J. Heinen, assistant city attorney of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

Linda M. Turner appeals from the judgment dismissing her action against the City of Milwaukee for injuries she suffered from a dog bite. The trial court concluded that the City was immune from liability. We conclude that the City was not immune in this case because its failure to seek a court order to remove or destroy the dog violated its ministerial duty under a city ordinance requiring the City to seek such an order. Accordingly, we reverse.

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