Vogel v. Liberty Mutual Insurance

I disagree with the majority's view that the public policy of this state bars Tank Transport's claim.

Public policy determinations in this state that are within the ambit of judicial authority are made by the supreme court. See Swan v. Elections Bd., 133 Wis. 2d 87, 93-94, 394 N.W.2d 732, 734-735 (1986); Cox v. Wisconsin Department of Health & Social Services, 184 Wis. 2d 309, 315 n.1, 517 N.W.2d 526, 528 n.1 (Ct. App. 1994). The supreme court has accepted the no-holds-barred view of tort liability: "The duty of any person is the obligation of due care to refrain from any act which *452will cause…