Recreational Immunity

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WI Court of Appeals – District III

Case Name: Carol Wilmet et al v. Liberty Mutual Insurance Company et al

Case No.: 2015AP2259

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Recreational Immunity

Carol and Gerald Wilmet appeal an order dismissing their claims against the City of De Pere and its insurer as being barred by the recreational immunity statute, WIS. STAT. § 895.52 (2015-16). The sole issue on appeal is whether that statute confers immunity against the claims of a person who is injured while undisputedly on the property to supervise a child engaged in “recreational activity.” Like the circuit court, we conclude supervision of a child engaged in a recreational activity falls within the statute’s ambit. Supervision, by definition, involves overseeing and directing another’s performance of an activity, and it is similar in meaning to “practice” and “instruction”—two activities that are expressly within § 895.52’s scope. Accordingly, we hold the City is entitled to immunity, and we affirm

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.