Dorothy CARAHER, as the Administrator of the Estate of Michael F. Caraher, deceased, and Dorothy Caraher and Francis Caraher, individually, Plaintiffs-Respondents,
v.
CITY OF MENOMONIE, Defendant-Appellant,
BRITTANY COURT APARTMENTS, Jean Anderson, W. Warren Barberg, Galen Scharer, L.J. Stucky, Lloyd Woller and Orwoll Anderson, as partners and Orwoll Anderson as General Partner, Brittany Court Partnership, a general partnership, Society Insurance, a Mutual Insurance Company, Dave Wagner d/b/a Wagner Property Management and WPM Liability Insurer, State Farm Fire & Casualty Company, John Does 1 through 10, John Does 11 through 20 and John Does 21 through 30, Defendants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs May 6, 2002.
Decided June 4, 2002.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant, the cause was submitted on the brief of Lawrence M. Rocheford and Jessica E. Schwie and Jardine, Logan & O'Brien, P.L.L.P., of St. Paul, MN.
On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Ronald S. Goldser and James P. Watts and Zimmerman Reed, P.L.L.P., of Minneapolis, MN.
Before Cane, C.J., Hoover, P.J., and Peterson, J.
Court of Appeals of Wisconsin.
¶ 1. HOOVER, P.J.
The City of Menomonie appeals an order denying its motion for summary judgment in a wrongful death action brought by Dorothy Caraher, on her own behalf and as the administrator of the Estate of Michael F. Caraher, and Francis Caraher (the Carahers). Michael fell to his death from a cement-encased pipe that is part of the City's sewer system. The Carahers argue that the sewer pipe was commonly used...
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