Brinnell Mutual Reinsurance Co. v. State Farm Mutual Automobile Insurance Co‪.‬

1. The dispositive issue on this appeal is whether Wis. Stat. § 81.15 (2001-02),1 which addresses governmental liability for highway defects, applies to a county that has a contract with the state to maintain a state highway. We conclude the statutory language ""a highway which any county by law or by agreement with any town, city or village is bound to keep in repair,"" § 81.15, does not apply in this case, where Dane County was obligated by contract with the state to maintain the state highway that was allegedly defective. Because § 81.15 does not apply to Dane County in this case and because § 81.15 is an exception to the general immunity for discretionary acts under Wis. Stat. §§ 893.80(4), the trial court erred in denying Dane County's motion for summary judgment on the ground of immunity under § 893.80(4). Therefore, we reverse the trial court's order denying Dane County's motion for summary judgment and remand with directions to grant summary judgment in Dane County's favor and dismiss the complaint against it. BACKGROUND