Recreational Immunity

By: Derek Hawkins//February 28, 2018//

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WI Court of Appeals – District I

Case Name: Charles Brown, et al. v. The City of Milwaukee, Garfield Avenue Festivals, Inc., et al.

Case No.: 2016AP2303

Officials: Kessler, Brash and Dugan, JJ.

Focus: Recreational Immunity

The Estate of Claudia Sheppard-Brown and Charles Brown (collectively, the Estate) appeal from orders that dismissed their personal injury lawsuit and granted summary judgment to Garfield Avenue Festivals, Inc. and Andre Lee Ellis (the Garfield parties) and to the City of Milwaukee. The circuit court determined that recreational immunity shielded the Garfield parties and the City from the Estate’s claims. We conclude that issues of material fact exist as to whether Claudia Sheppard-Brown was engaged in recreational activity when she was injured. Accordingly, we reverse the orders and remand for further proceedings.

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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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