Section 345.05. Municipal liability for motor vehicle accidents.

 

(1)  In this section the following terms have the designated meanings:

(am) “Business" means any business whether governmental or proprietary.

(b) “Governing body" means the county board with reference to counties, the town board with reference to towns, the legislative body of a city or village with reference to cities and villages and the board of any district, center or other municipality with reference to other municipalities enumerated in par. (c) .

(bm) “Motor vehicle" does not include a vehicle that is exempt from registration under s. 341.05 .

(c) “Municipality" means any county, city, village, town, school district as enumerated in s. 67.01 (5) , sewer district, drainage district, commission formed by a contract under s. 66.0301 (2) , and, without restriction because of failure of enumeration, any other political subdivision of the state.

(2)  A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality concerned and the governing body of the municipality may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality will acquire title.

(3)  A claim under this section shall be filed in the manner, form and place specified in s. 893.80 . The limitations under s. 893.80 (3) are applicable to a claim under this section, except that the amount recoverable by any person for any damages, injuries or death in any action shall not exceed $250,000.

(4)  In this section, judgments against municipalities shall be certified, filed and collected as provided in s. 66.0117 whether named therein or not.

(5)  If the allowance of claim is by or the judgment is against any municipality lying in more than one town, city, village or county, the governing body of the debtor municipality shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality will equitably bear the amount of the claim or judgment.

1975 c. 200 ; 1977 c. 285 ; 1979 c. 32 s. 92 (5) ; 1979 c. 221 , 323 , 355 ; 1983 a. 189 ss. 252 , 329 (7) , (31); 1983 a. 192 ; 1987 a. 377 ; 1999 a. 9 , 85 ; 1999 a. 150 s. 672 ; 2001 a. 30 ; 2003 a. 321 ; 2009 a. 28 ; 2011 a. 32 . This section is applicable when the injury can be traced to incidents of vehicle operation on the highway rather than a collateral use such as loading. Rabe v. Outagamie County, 72 Wis. 2d 492 , 241 N.W.2d 428 (1976). This section did not apply to an injury caused by negligent supervision of bus passengers. Hamed v. Milwaukee County, 108 Wis. 2d 257 , 321 N.W.2d 199 (1982). Though owned by the driver and not the county, a vehicle used to conduct actual business activity of a municipality is a motor vehicle under sub. (2). Manor v. Hanson, 123 Wis. 2d 524 , 368 N.W.2d 41 (1985). Compliance with this section is a prerequisite for an action against a municipal employee. Gonzalez v. Teskey, 160 Wis. 2d 1 , 465 N.W.2d 525 (Ct. App. 1990). Discretionary act immunity under s. 893.80 is inapplicable to s. 345.05 claims. Frostman v. State Farm Mut. Ins. Co. 171 Wis. 2d 138 , 491 N.W.2d 100 (Ct. App. 1992). A machine specifically included in the list of road machinery under s. 340.01 (52) is not a motor vehicle under this section regardless of its use. Schanke v. Wisconsin County Mut. Ins. Corp. 177 Wis. 2d 746 , 502 N.W.2d 866 (Ct. App. 1993). The liability limits of this section do not extend to independent contractors from whom the government entity may have leased or rented a vehicle. The limits only apply if a claim is against the governmental unit based on a motor vehicle accident. Kettner v. Wausau Insurance Cos. 191 Wis. 2d 724 , 530 N.W.2d 399 (Ct. App. 1995). An action for inadequate supervision of operation and location of a county truck involved in a collision with the defendant's car was an action involving the operation of a motor vehicle. Tso v. Delaney, 969 F.2d 373 (1992). Broken Windshields and Busted Mailboxes: Municipal Liability for Motor Vehicle Negligence. Bauman. Wis. Law. Nov. 2002.