BROWN v. ACUITY

No. 2011AP583.

815 N.W.2d 719 (2012)

2012 WI App 66

Marilyn M. BROWN and Delores M. Schwartz, Plaintiffs-Appellants, Dean Health Insurance, Inc., Conseco Insurance Company and Kathleen Sebelius, Involuntary Plaintiffs, v. ACUITY, A Mutual Insurance Company, Parnell P. Burditt, American Alternative Insurance Company and Okauchee Fire Department, Defendants-Respondents, Utica Mutual Insurance Company, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed May 30, 2012.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Don C. Prachthauser and Keith R. Stachowiak of Murphy & Prachthauser, S.C., of Milwaukee.

On behalf of the defendants-respondents Acuity, a Mutual Insurance Company, and Parnell P. Burditt , the cause was submitted on the brief of Lance S. Grady and Daniel K. Miller of Grady, Hayes & Neary, LLC, of Waukesha.

On behalf of the defendants-respondents American Alternative Insurance Company and Okauchee Fire Department, the cause was submitted on the brief of Bennett J. Brantmeier and Amanda J. Ramaker of Laitsch & Brantmeier, LLC, of Jefferson.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.


BROWN, C.J.

¶ 1 In this case, we must decide whether a volunteer firefighter was entitled to governmental immunity when he ran a red light while responding to an emergency call. Marilyn M. Brown and Delores M. Schwartz were injured in an accident when Parnell P. Burditt, a volunteer firefighter for the Okauchee Fire Department (OFD), struck their vehicle while going through a red light on his way to the fire station...

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