By: WISCONSIN LAW JOURNAL STAFF//June 5, 2012//
Wisconsin Court of Appeals
Civil
Torts — recreational immunity
Tasha Waller and Makaylee Clegg (collectively, Waller) appeal a summary judgment in favor of Menard, Inc. and Zurich Insurance Company (collectively, Menard). The circuit court concluded Menard was entitled to recreational immunity under Wis. Stat. § 895.52 for injuries Clegg sustained from a fall off a swing set display in one of Menard’s stores. We conclude Clegg was engaged in a recreational activity and neither the profit nor social guest exceptions to the immunity statute apply. Accordingly, we affirm. This opinion will not be published.
2011AP1013 Waller, et al. v. Zurich Insurance Company, et al.
Dist III, Langlade County, Habeck, J., Per Curiam
Attorneys: For Appellant: Welch, Benjamin, Wausau; For Respondent: Varline, Daniel W., Wausau; Koback, Todd Joseph, Wausau