Summary Judgment – Issue of Material Fact

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WI Supreme Court

Case Name: Antoinette Lang, et al. v. Lions Club of Cudahy Wisconsin, Inc.

Case No.: 2020 WI 25

Focus: Summary Judgment – Issue of Material Fact

We review a decision of the court of appeals reversing an order of the circuit court that granted summary judgment in favor of Fryed Audio, LLC on the ground that it was entitled to recreational immunity pursuant to Wis. Stat. § 895.52(2) (2017–18).3 Fryed Audio is a member of Rhythm Method, LLC, with whom the Lions Club of Cudahy Wisconsin, Inc. contracted to provide music for its 2012 festival at a Milwaukee County park. The sole member of Fryed Audio, Steven Fry, laid Rhythm Method’s electronic and electric cords on the floor of the music tent for the Lions Club event. Antoinette Lang allegedly tripped on a cord, which led to this lawsuit.

Because the Lions Club is a statutory owner pursuant to Wis. Stat. § 895.52(1)(d)1., Fryed Audio moved for summary judgment citing § 895.52(2), which provides that agents of owners have immunity from claims by those who enter land of a statutory owner to engage in recreational activity. The circuit court concluded that Fryed Audio was an agent of the Lions Club and therefore entitled to recreational immunity. The court of appeals reversed, reasoning that the Lions Club lacked the right to control Fryed Audio.

We conclude that there are no issues of material fact in regard to the Lions Club’s right to control Fryed Audio in regard to laying the cords for Rhythm Method’s amplified sound and that Fryed Audio was an agent of the Lions Club who lawfully acted through its subagent, Steven Fry. Because the Lions Club was a statutory owner, Fryed Audio, as its agent, is entitled immunity pursuant to Wis. Stat. § 895.52(2). Accordingly, we reverse the court of appeals.

Reversed

Concur: ROGGENSACK, C.J., announced the mandate of the Court, and delivered an opinion, in which ZIEGLER, J., joined. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which KELLY, J., joined.

Dissent: DALLET, J., filed a dissenting opinion, in which ANN WALSH BRADLEY, J., joined. HAGEDORN, J., filed a dissenting opinion.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.