Kerns v. Madison Gas & Electric Co.

Richard and Kathleen Kerns, personal injury plaintiffs, petitioned for leave to appeal from a nonfinal order granting partial summary judgment in favor of MG&E. We granted the petition. The court dismissed plaintiffs’ claims that MG&E maintained its electrical transmission line below clearance requirements in violation of the electrical code, Wis. Adm. Code, sec. PSC 114 (February, 1982) 1 and the statutes, secs. 196.64, 2 196.67 3 and 196.74, 4 Stats. (1981-82), causing plaintiffs’ damages. MG&E does not challenge plaintiffs’ common law negligence claims on summary judgment. Because we…