[DOWNLOAD] "Gruber V. Village Of North Fond Du Lac" by State of Wisconsin in Court of Appeals District II " eBook PDF Kindle ePub Free
eBook details
- Title: Gruber V. Village Of North Fond Du Lac
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 10, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
¶1. Wisconsin Stat. § 81.15 (2001-02)*fn1 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, 4 Wis. 2d 111, 114-15, 89 N.W.2d 801 (1958). After examining the statute and case law, the trial court granted summary judgment to the Village of North Fond du Lac and dismissed the slip-and-fall complaint filed by Laurie L. Gruber and her husband James Gruber because it found as a matter of law that the ice was a natural accumulation and three weeks had not passed. We agree with the trial court that the ice was caused by natural accumulation. We further hold that the Grubers have waived the issue of whether the natural condition existed for longer than three weeks because it is raised for the first time on appeal. We affirm.