Emilia A. Gonzalez and Baleriano Gonzalez

Emilia A. Gonzalez appeals from the circuit court's judgment dismissing her complaint against James C. Teskey, the Sheboygan
Transit Company, and the City of Sheboygan (Teskey). 1 The circuit court dismissed Gonzalez' action because she failed
to first file a claim pursuant to sec. 345.05(2), Stats. The court also ruled that Teskey was not estopped from asserting
the statute as a defense. We affirm the judgment of dismissal. The facts are not in dispute. We take them from Gonzalez' complaint and the affidavits and stipulation which the parties
provided the court on Teskey's motion to dismiss. Gonzalez alleged that Teskey, in his capacity as a bus driver for the Sheboygan
Transit Company, negligently operated a company bus and thereby caused her injury. The parties settled Gonzalez' property
damage claim. In the release, Teskey denied any liability to Gonzalez.