Burg Ex Rel. Weichert v. Cincinnati Casualty Insurance

¶ 30. (dissenting). I cannot join the majority's opinion because I conclude that the driver of the snowmobile was indeed "operating" the snowmobile as defined in Wis. Stat. § 350.01.1 would affirm the court of appeals' decision that stopping a snowmobile and turning off its motor is "operation," because such actions require the exercise of physical control over the speed and direction of the snowmobile. Accordingly, I respectfully dissent.

*50¶ 31. The majority concludes that the term "operate" in Wis. Stat. § 350.09 does not include the actions of a driver sitting on a parked snowmobile after…