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SHOWERS APPRAISALS v. MUSSON BROS., INC.

No. 2011AP1158.

819 N.W.2d 316 (2012)

2012 WI App 80

SHOWERS APPRAISALS, LLC, Real Marketing, LLC and Mark W. Showers, Plaintiffs-Appellants, v. MUSSON BROS., INC. and West Bend Mutual Insurance Company, Defendants-Respondents-Cross-Appellants, League of Wisconsin Municipalities Mutual Insurance and City of Oshkosh, Defendants-Cross-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed June 27, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of and oral argument by Daniel J. Posanski of Dempsey Law Firm, LLP, of Oshkosh.

On behalf of the defendants-respondents-cross-appellants, the cause was submitted on the briefs of David G. Dudas and Joseph P. Putzstuck of McCanna, Dudas & Kewley, S.C., of Appleton. There was oral argument by David G. Dudas .

On behalf of the defendants-cross-respondents, the cause was submitted on the brief of Richard J. Carlson of Silton Seifert Carlson, S.C., of Appleton. There was oral argument by Bree A. Madison of Silton Seifert Carlson, S.C., of Appleton.

Before BROWN, C.J., NEUBAUER, P.J., REILLY, J.

BROWN, C.J.

¶ 1 This case arises from the June 2008 floods in Oshkosh. Mark Showers and his businesses, Showers Appraisals, LLC, and Real Marketing, LLC, sued Musson Bros., Inc. and the City of Oshkosh for damages suffered in those floods. At the time of the storm, Musson was working as a private contractor for the State of Wisconsin to replace the storm sewer in front of Showers' building. Musson claimed, and the trial court agreed, that it is entitled to governmental...

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