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KETTNER v. WAUSAU INS. COS.

No. 94-2090.

191 Wis.2d 723 (1995)

530 N.W.2d 399

Randall J. KETTNER, Jerome Kettner and Esther Kettner, Plaintiffs-Appellants, v. WAUSAU INSURANCE COMPANIES, Eugene E. Conradt and State Farm Mutual Automobile Insurance Company, Defendants-Respondents, Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Defendant.

Court of Appeals of Wisconsin.

Decided February 21, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Robert N. Duimstra and Joseph J. Beisenstein of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd. of Appleton. There was oral argument by Joseph J. Beisenstein.

For the defendant-respondent, Wausau Insurance Companies, there was a brief and oral argument by Arnold P. Anderson of Mohr & Anderson, S.C. of Hartford.

For the defendants-respondents, Eugene Conradt and State Farm Mutual Automobile Insurance Company, there was a brief and oral argument by Richard T. Elrod of Herrling, Clark, Hartzheim & Siddal, Ltd. of Appleton.

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

MYSE, J.

Randall, Jerome and Esther Kettner (Kettners) appeal the trial court's grant of summary judgment dismissing their complaint against Wausau Insurance Companies (Wausau). The court dismissed the Kettners' complaint on the grounds that Eugene Conradt was an agent of the school district of Shiocton (school district) for purposes of § 345.05(3), STATS., which provides that municipalities may be held liable for their motor vehicle accidents, and § 893...

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