Caraher v. City of Menomonie

HOOVER, EJ.

¶ 1. The City of Menomonie ap peals an order denying its motion for summary judgment in a wrongful death action brought by Dorothy Caraher, on her own behalf and as the administrator of the Estate of Michael E Caraher, and Francis Caraher (the Carahers). Michael fell to his death from a cement-encased pipe that is part of the City's sewer system. The Carahers argue that the sewer pipe was commonly used as a footbridge and constituted a "known and present danger." They further contend that the City's failure to maintain or repair a fence that at one time was placed across the pipe…