Statutory Interpretation – Recreational Immunity

By: Derek Hawkins//August 8, 2018//

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WI Court of Appeals – District III

Case Name: Patrick Humfeld, et al. v. State Farm Fire and Casualty Company, et al.

Case No.: 2017AP2522

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Statutory Interpretation – Recreational Immunity

Patrick and Lisa Humfeld (collectively, Humfeld) appeal a summary judgment granted in favor of State Farm Fire and Casualty Company and the Estate of John Curtis Marsh, Sr. The circuit court concluded, as a matter of law, that Humfeld’s claims were barred by the recreational immunity statute, WIS. STAT. § 895.52 (2015-16). On appeal, Humfeld contends there are genuine issues of material fact as to whether the social guest exception and the profit exception to recreational immunity apply. We conclude the undisputed facts demonstrate that neither of those exceptions is applicable. We therefore affirm the judgment dismissing Humfeld’s claims.

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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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