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LODL v. PROGRESSIVE NORTHERN INS. CO.

No. 00-0221.

240 Wis.2d 652 (2000)

2001 WI App 3

625 N.W.2d 601

Susan M. LODL, Plaintiff-Co-Appellant, KOHL'S DEPARTMENT STORE, Involuntary-Plaintiff, v. PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Co-Appellant, LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant, WAUSAU UNDERWRITERS INSURANCE COMPANY, Officer Brian M. Fredericks, and Town of Pewaukee, Defendants-Respondents, v. Walker J. YOUNG, Jr., Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 20, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant and the third-party defendant-appellant, the cause was submitted on the briefs of Thomas A. Cabush of Kasdorf, Lewis & Swietlik, S.C., Milwaukee. On behalf of the plaintiff co-appellant (joined by defendant-third-party plaintiff-co-appellant), the cause was submitted on the briefs of Mark L. Thomsen of Cannon & Dunphy, S.C., Brookfield.

On behalf of the defendants-respondents, the cause was submitted on the brief of Raymond J. Pollen and Michele M. Ford of Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee.

Before Brown, P.J., Nettesheim and Anderson, JJ.

¶ 1. ANDERSON, J.

In this appeal, we conclude that an intersection without operative traffic control signals during an evening storm is a compelling and known danger of such force that it creates a ministerial duty in the performance of traffic control. Therefore, we reverse the circuit court's grant of summary judgment to the Town of Pewaukee and Town of Pewaukee Police Officer Brian M. Fredericks because there is...

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