Torts — premises liability

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Wisconsin Court of Appeals

Civil

Torts — premises liability

David P. Gennrich fell from an elevated tee box at a golf course due to the failure of a split rail fence. At a trial on his claims for common law negligence and a violation of the safe place statute, a jury returned a verdict finding that the owner of the golf course, Grand Geneva, LLC, was not negligent with respect to inspection, maintenance, or repairs of the fence, and did not fail to maintain the premises as safe as the nature of its business would reasonably permit. In addition, the jury found that Gennrich fell as a result of his own negligence, and had damages of only $1,801.13 for past health care expenses.

Gennrich appeals the resulting judgment in favor of Grand Geneva and its insurer, Zurich American Insurance Company, on the ground that the verdict answers are contrary to the great weight of the evidence. Gennrich separately requests that this court exercise its discretion to reverse in the interest of justice. For the following reasons, we disagree that the verdict should be upset and we decline to exercise our discretion to reverse in the interest of justice. Not recommended for publication in the official reports.

2012AP568 Gennrich, et al. v. Zurich American Insurance Company, et al.

Dist II, Walworth County, Reddy, J., Blanchard, J.

Attorneys: For Appellant: Higgins, James A., Wausau; Scott, C. Brent, San Juan Capistrano, CA; For Respondent: Pezze, Ronald G., Jr., Milwaukee; Van Den Elzen, Ahndrea Renae, Milwaukee