Frostman v. State Farm Mutual Automobile Insurance

Theodore and Helen Frostman appeal a summary judgment dismissing their action against Portage County, Michael Borski and Sentry Insurance (collectively, the county) for negligently operating a snowplow. The trial court held that the county was immune from liability as a matter of law because plowing snow is a discretionary act and because of the public policy considerations stated in Sanem v. Home Ins. Co., 119 Wis. 2d 530, 539, 350 N.W.2d 89, 93 (1984). Because we conclude that the legislature, by enacting sec. 345.05, Stats., expressly declared that municipalities should be held liable for…