Rice v. Gruetzmacher

The problem before us is whether a forklift is a motor vehicle under the quoted direct-action statutes. If it is, its insurer can be named as a party defendant in this lawsuit. The trial court concluded that there were questions of fact surrounding such determination and, therefore, denied the insurer’s request for summary judgment. The Wisconsin statutes contain various definitions of “motor vehicle” and “vehicle:”

“340.01 (35) 'Motor vehicle’ means a vehicle which is self-propelled, including a trackless trolley bus.”

“340.01 (74) ‘Vehicle’ means every device in, upon or by which any person…