VANCLEVE v. CITY OF MARINETTE

No. 01-0231.

250 Wis.2d 121 (2001)

2002 WI App 10

639 N.W.2d 792

Renee K. VANCLEVE and Thomas C. VanCleve, Plaintiffs-Respondents, v. CITY OF MARINETTE and Wausau Insurance Company, Defendants-Appellants, Kenneth KELLER, d/b/a Keller Cement Contractors, Keller Cement Contractors, Auto Owners Insurance, and State Farm Fire & Casualty Co., Defendants.

Court of Appeals of Wisconsin.

Decided December 18, 2001.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of and oral argument by James O. Moermond III of Law Office of Stilp and Cotton, Wausau.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of and oral argument by Jonny L. Waara of Petrucelli & Petrucelli, Iron River, Michigan.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. PETERSON, J.

WISCONSIN STAT. § 81.17 provides conditional protection to a municipality when it is sued along with, for example, a contractor for injuries caused by highway defects. If both the municipality and the contractor are found liable, regardless of the apportionment between them, the contractor is responsible for the entire award, if it can pay. The municipality must pay only if the contractor is unable to pay. However, what happens when the...

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