Legal Opinion

Damaschke v. City of Racine

Court of Appeals of Wisconsin

Decided April 26, 1989No. 88-1099PublishedCited by 3 opinions

1Opinion of the Court

ÑETTESHEIM, J.

A jury determined that the city of Racine's snow plowing activity following a snow storm created a nuisance resulting in injury to Geneva Damaschke when she slipped and fell on a driveway apron. The resultant judgment awarded Damaschke damages in the amount of $34,496.22. The city appeals, arguing that Damaschke's action for damages is barred by sec. 81.15, Stats., which precludes any action for injuries against a municipality based upon an accumulation of snow or ice unless the accumulation has existed for three weeks. We conclude that the statute precludes Damaschke's action.…

2Cases cited7 opinions

  1. Kobelinski v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1972
  2. Laffey v. City of MilwaukeeWisconsin Supreme Court · 1958
  3. Sanem v. Home Insurance Co.Wisconsin Supreme Court · 1984
  4. Stippich v. City of MilwaukeeWisconsin Supreme Court · 1967
  5. Webster v. Klug & SmithWisconsin Supreme Court · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Henderson v. Milwaukee CountyCourt of Appeals of Wisconsin · 1995
  2. Wagner v. Wisconsin Municipal Mutual InsuranceCourt of Appeals of Wisconsin · 1999
  3. Ellerman v. City of ManitowocCourt of Appeals of Wisconsin · 2003

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