Recreational Immunity

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Civil

WI Court of Appeals – District I

Officials: Curley, P.J., Kessler, J., and Thomas Cane, Reserve Judge

Recreational Immunity

2014AP1131 Donna Carini v. ProHealth Care, Inc.

Where alleged negligence relating to an injury sustained in zoo parking lot was related to condition of a parking lot, appellant concluded to be engaged in a recreational activity.

“Our case law makes clear that the act of walking to or from an immune activity constitutes recreational activity. See Sauer v. Reliance Ins. Co., 152 Wis. 2d 234, 239-40, 448 N.W.2d 256 (Ct. App. 1989) (“‘walking down the river to go fishing’” even when injured party “was not actually fishing at the time of the accident” constituted “‘recreational activity’ within the meaning of the statute”); Linville v. City of Janesville, 184 Wis. 2d 705, 717, 516 N.W.2d 427 (1994) (person who drowned in municipal pond was engaged in a “recreational activity” while at the pond to scope out a fishing spot for the next day); see also Hupf v. City of Appleton, 165 Wis. 2d 215, 221-22, 477 N.W.2d 69 (Ct. App. 1991) (“walking to or from an immune activity does not alter the landowner’s status”). Therefore, while Carini may not have started eating or socializing when she fell, because she was walking in the picnic area on her way to partake in the festivities, she was engaged in a recreational activity. Moreover, Carini’s fear that our ruling will provide “boundless immunity” during an injured party’s traveling is unfounded considering the facts of this case. As noted, Carini fell when she was on the picnic’s premises. She was, by her own testimony, near the band, and, as shown by the exhibits cited in her brief, within the area of the parking lot designated for the picnic. In other words, she was not merely in transit; she was in the midst of the action.”

Reversed and Remanded – Recommended for Publication

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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.