Summary Judgment – Recreational Immunity

By: Derek Hawkins//April 7, 2016//

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WI Supreme Court

Case Name: Patti J. Roberts et al v. T.H.E. Insurance Company, et al.

Case No.: 2014AP1508

Focus: Summary Judgment – Recreational Immunity

Recreational Immunity statute did not apply where appellant injured while utilizing hot-air balloon.

“This case is different from prior cases, however, because Roberts did not bring claims against the event producer or owner of the property. Green Valley Enterprises, not Sundog, produced the charity event where Roberts was injured. The Conservationists, not Sundog, was the owner of the property where the event took place. None of the prior cases interpreting Wis. Stat. § 895.52 has granted immunity to a third party not responsible for opening up the land to the public.”

CONCURRED: ZIEGLER, J. concurs.

CONCURRED/DISSENTED: PROSSER, J., joined by ROGGENSACK, C.J. concur and dissent. DISSENTED: BRADLEY, R.G., J., joined by PROSSER, J. (except footnote 4) dissent.

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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.

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