Northland Insurance v. Avis Rent-A-Car

Avis and Liberty argue the trial court erred in applying sec. 347.29 (5), Stats., which requires two red flags to be used when a truck is left standing in a lane of traffic. Avis and Liberty claim the accident occurred within the city of Oak Creek and therefore the section was not applicable. They also claim the court erred in not finding Balistreri negligent under sec. 346.14 (1), which prohibits tailgating; and finally that the court was in error in applying the emergency doctrine when there was no issue of management and control involved.

The facts are not substantially in dispute. The…