LAWSUIT AGAINST CITY OF MEQUON FOR BICYCLE ACCIDENT

A lawsuit against a city for any reason is very difficult to win. This is because cities have immunity for most situations. In 1993, a young boy was in the cross walk on his bicycle and was hit by a police officer on his way to the court house to testify.

The injured bicyclist settled for $50,000 with the driver. A lawsuit was then brought against several insurance companies and entities including the City of Meqon.

The plaintiff asserted as causes of action against Meqon the following: City of Meqon breached the ministerial duties of: (1) maintaining a flashing beacon light at the intersection; (2) failing to place crossing guards at the intersection; and (3) failing to enforce the speed limit. He also argues that the City is not immune because the intersection presented a "known present danger," which removes immunity protection.

The court rejected all arguments by the plaintiff and found that the City had immunity from the lawsuit.

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