According to the State Bar of Wisconsin:
A state appeals court has ruled that the City of Milwaukee is not immune from a lawsuit by city residents severely injured in a gas leak explosion.
In 2009, Mary Oden and her eight-year-old son were inside their home when it exploded. A gas leak caused the blast, and Oden sued the city, claiming police and firefighters were negligent in failing to evacuate residents near the gas leak location.
The panel also ruled that the gas leak presented a known and present danger, an exception to immunity when a danger creates an imperative duty to act.
“We conclude, based on the undisputed facts, that this was a known and compelling danger which imposed a ministerial duty on the City to act,” Judge Kessler wrote. “Whether the City was negligent in the manner in which it performed its ministerial duty is a question for the jury.”