By: WISCONSIN LAW JOURNAL STAFF//July 31, 2012//
Wisconsin Court of Appeals
Civil
Torts — contact sports immunity — paintball
Jett Houston appeals a summary judgment dismissing his negligence and recklessness claims against Alex Freese and Freese’s insurer, Farmington Mutual Insurance Co., for injuries Houston suffered during a paintball game. The circuit court determined that paintball is a contact sport under Wis. Stat. § 895.525(4m)(a).[2] Therefore, Freese could only be liable if he was reckless, not merely negligent. Further, the court concluded Freese was not reckless based on undisputed facts. We affirm. This opinion will not be published.
2011AP2441 Houston, et al. v. Freese, et al.
Dist III, Polk County, Galewyrick, J., Per Curiam
Attorneys: For Appellant: Lindell, James E., Minneapolis, Minn.; For Respondent: Pelish, James A., Rice Lake; Heaney, Patrick G., Rice Lake