FROSTMAN v. STATE FARM MUT. INS. CO.

No. 92-0243.

171 Wis.2d 138 (1992)

491 N.W.2d 100

Theodore FROSTMAN and Helen Frostman, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Tricia Notzke, Transportation Insurance Company, State of Wisconsin, Department of Justice, State of Wisconsin, Department of Transportation, Defendants, SENTRY INSURANCE, Michael Borski, and Portage County, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 9, 1992.


Attorney(s) appearing for the Case

On behalf of plaintiffs-appellants, the cause was submitted on the briefs of Donald L. Romundson and Ralph J. Tease, Jr., of Liebman, Conway, Olejniczak & Jerry, S.C. of Green Bay.

On behalf of defendants-respondents, the cause was submitted on the brief of Michael C. Grzeca of Grzeca & Stanton, S.C. of Green Bay.

An amicus curiae brief was filed on behalf of defendants State Farm Mutual Automobile Insurance Company and Tricia Notzke by Peter J. Hickey of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.


LaROCQUE, J.

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.1 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...

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