Turner v. City of Milwaukee

Linda M. Turner appeals from the judgment dismissing her action against the City of Milwaukee for injuries she suffered from a dog bite. The trial court concluded that the City was immune from liability. We conclude that the City was not immune in this case because its failure to seek a court order to remove or destroy the dog violated its ministerial duty under a city ordinance requiring the City to seek such an order. Accordingly, we reverse.

This case was tried to the court on stipulated facts. On October 3,1990, Turner was bitten on both her legs and thighs by Dusty, a german shepherd…