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ELLERMAN v. CITY OF MANITOWOC

No. 03-0322.

267 Wis.2d 480 (2003)

2003 WI App 216

671 N.W.2d 366

Cheryl ELLERMAN, Plaintiff-Appellant, v. CITY OF MANITOWOC and Blue Cross & Blue Shield United of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 24, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ralph J. Sczygelski of Sczygelski Law Firm, LLC of Manitowoc.

On behalf of the defendant-respondent City of Manitowoc, the cause was submitted on the brief of Christopher R. Bandt of Nash, Spindler, Grimstad & McCracken LLP of Manitowoc.

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

¶ 1. BROWN, J.

The sole issue in this appeal, an issue of first impression in Wisconsin, is whether a public parking lot is a "highway" within the meaning of WIS. STAT. § 81.15 (2001-02) — the limited immunity statute for maintenance of highways.1 If so, the City of Manitowoc is immunized from liability for injuries Cheryl Ellerman suffered as a result of a slip and fall in a parking lot alleged to be owned, maintained...

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