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BURG v. CINCINNATI CAS. INS. CO.

No. 00-3258.

254 Wis.2d 36 (2002)

2002 WI 76

645 N.W.2d 880

Karl A. BURG by his legal guardian, Gladys M. Weichert, Plaintiff-Appellant, v. CINCINNATI CASUALTY INSURANCE CO. and Robert W. Zimmerman, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 26, 2002.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Gregory J. Cook, Anthony P. Hahn and Kasdorf, Lewis & Swietlik, S.C., Wausau, and oral argument by Gregory J. Cook and Anthony P. Hahn.

For the plaintiff-appellant there was a brief by Victor C. Harding and Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee, and oral argument by Victor C. Harding.

An amicus curiae brief was filed by John T. Podbielski, Jr. and Schelble & Podbielski, S.C., Milwaukee, on behalf of Mothers Against Drunk Driving (MADD).

¶ 1. DIANE S. SYKES, J.

This case involves a serious snowmobile accident and requires us to determine the scope of the term "operate" for purposes of Wis. Stat. § 350.09, (1995-96)1 a snowmobile safety statute that requires anyone who operates a snowmobile at night to illuminate the snowmobile's head and tail lamps.

¶ 2. The plaintiff Karl Burg was severely injured while snowmobiling at night. At the time of the...

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