Recreational Immunity

By: Derek Hawkins//November 15, 2016//

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WI Court of Appeals – District II

Case Name: John Y. Westmas v. Selective Insurance company of South Carolina, et al

Case No. 2015AP1039

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Recreational Immunity

Jane Westmas was killed when a tree branch cut by Creekside Tree Service, Inc. (“Creekside”) fell on her while she and her son walked along a path through the property of Conference Point Center. John Westmas, Jane’s husband, individually and as special administrator of the Estate of Jane Westmas, and Jason Westmas, John and Jane’s son, (collectively “the Westmases”) sued Creekside, and its insurer, Selective Insurance Company of South Carolina (“Selective”). Creekside moved for summary judgment on recreational immunity grounds, which motion the circuit court granted. The Westmases appeal. We reverse.

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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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