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ESTATE OF WAGONER v. CITY OF MILWAUKEE

No. 01-0623.

249 Wis.2d 306 (2001)

2001 WI App 292

638 N.W.2d 382

ESTATE OF Robert WAGONER, Amy Simchak, Erin Sweet, and Lisa Stoflet, Plaintiffs-Appellants, v. CITY OF MILWAUKEE, Defendant-Respondent, MILWAUKEE COUNTY and Compcare Health Services Insurance, Defendants.

Court of Appeals of Wisconsin.

Decided November 20, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas K. Houck of Michael F. Hupy & Associates, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Grant F. Langley, city attorney, and Patricia A. Fricker, assistant city attorney, Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. FINE, J.

The Estate of Robert Wagoner appeals from the trial court's order granting summary judgment to the City of Milwaukee.1 The Estate sued the City, claiming that the City was negligent for failing to cut weeds within the guardrail of a median strip, which obstructed the visibility of motorists using the highway. The trial court dismissed the case, concluding that the City was immune from common law liability under Walker...

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