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ESTATE OF LYONS v. CNA INS. COS.

No. 95-3372.

207 Wis.2d 446 (1996)

558 N.W.2d 658

The ESTATE OF Theresa E. LYONS and William Lyons, Plaintiffs-Appellants-Cross Respondents, ILLINOIS DEPARTMENT OF PUBLIC AID, Plaintiff, v. CNA INSURANCE COMPANIES and Strand Associates, Inc., Defendants-Respondents-Cross Appellants, Donna K. WALLER, Defendant.

Court of Appeals of Wisconsin.

Decided December 11, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross respondents, the cause was submitted on the briefs of Carl W. Chesshir of Cameron & Penegor, S.C., of Brookfield.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the briefs of W. Wayne Siesennop and Jeffrey L. Janik of Godfrey, Braun & Hayes of Milwaukee.

On behalf of the Wisconsin Department of Transportation, there was a brief filed by James E. Doyle, attorney general, and Charles D. Hoornstra, assistant attorney general.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

Strand Associates, Inc., a professional engineering firm, is accused of having negligently designed a highway bridge in the town of East Troy. Strand contends, however, that the state Department of Transportation (DOT) directed it to implement the allegedly faulty aspects of the bridge design and therefore argues that it should be entitled to immunity against claims arising out of this design choice. Although no Wisconsin case has extended governmental immunity...

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