Lemon v. Federal Insurance

The issue in this case is whether a tractor that was repairing a roadside culvert and subsequently involved in a traffic accident is a “motor vehicle” within the meaning of sec. 345.05(2) (a), Stats. 1975. 1 Sec. 345.05 governs actions against a municipality arising from the negligent operation of a “motor vehicle.” No limitation on the amount of damages which may be recovered against the municipality is imposed by that statute. Sec. 895.43, Stats. 1975, 2 governs all other tort actions against municipalities. It limits the recovery of damages to $25,000. Thus, if the tractor involved in this…