Legal Opinion

Ellerman v. City of Manitowoc

Court of Appeals of Wisconsin

Decided September 24, 2003No. 03-0322PublishedCited by 2 opinions

1Opinion of the CourtBrown, J.

¶ 1. The sole issue in this appeal, an issue of first impression in Wisconsin, is whether a public parking lot is a "highway" within the meaning of Wis. Stat. § 81.15 (2001-02) — the limited immunity statute for maintenance of highways. If so, the City of Manitowoc is immunized from liability for injuries Cheryl Ellerman suffered as a result of a slip and fall in a parking lot alleged to be owned, maintained, monitored and repaired by the City. We hold that the term "highway" encompasses a public parking lot and, therefore, the City is entitled to immunity pursuant to §81.15. Accordingly, we…

2Cases cited12 opinions

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  3. Morris v. Juneau CountyWisconsin Supreme Court · 1998
  4. Sanem v. Home Insurance Co.Wisconsin Supreme Court · 1984
  5. Byington v. City of MerrillWisconsin Supreme Court · 1901

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Oden v. City of MilwaukeeCourt of Appeals of Wisconsin · 2015
  2. Village of Brown Deer v. BalisterriCourt of Appeals of Wisconsin · 2013

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