GRUBER v. VILLAGE OF NORTH FOND DU LAC

No. 03-0357.

267 Wis.2d 368 (2003)

2003 WI App 217

671 N.W.2d 692

Laurie L. GRUBER and James Gruber, Plaintiffs-Appellants, v. VILLAGE OF NORTH FOND DU LAC and Employers Insurance of Wausau, A Mutual Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 10, 2003.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, there were briefs and oral argument by Kristi L. Fry of Fry Law Office, S.C. of Fond du Lac.

On behalf of the defendants-respondents, there was a brief and oral argument by Peggy E. Van Horn of Law Offices of Stilp & Cotton of Brookfield.

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


¶ 1. BROWN, J.

WISCONSIN STAT. § 81.15 (2001-02)1 prohibits an action against a public authority to recover damages for injuries sustained by a natural accumulation of snow or ice upon a highway unless the condition existed for three weeks. The corollary, established by case law, is that actions based on artificial accumulations are actionable without the three-week requirement. Laffey v. City of Milwaukee,

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