00-2643 Zinter by Guardian Ad Litem Lyons v. Oswskey, et al.

Listen to this article

John Zinter Jr., a minor, appeals a summary judgment in favor of Darlene Oswskey, Robert Oswskey and American States Insurance Company (collectively, the Oswskeys). Zinter severed the tip of his finger while a guest at the Oswskey home. Zinter sued the Oswskeys, alleging that his finger was injured by the Oswskeys’ rabbit “or some other mechanism of injury.” The circuit court dismissed Zinter’s claim after concluding that the Oswskeys were immune from liability pursuant to Wis. Stat. sec. 895.52(2)(b), the recreational immunity statute.

Zinter contends that there are disputed issues of fact that preclude summary judgment and that the recreational immunity statute is inapplicable to his claims. We conclude that the statute is inapplicable to one of his claims, and may apply to his second claim, depending on the resolution of disputed material facts.

We reverse the summary judgment and remand for further proceedings.

Not recommended for publication in the official reports.

Dist III, Douglas County, McDonald, J., Cane, C.J.

Attorneys:

For Appellant: Thomas J. Lyons, North St. Paul, MN

For Respondent: Robert C. Barnes, Duluth, MN