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Tag Archives: Recreational immunity

Justices grappling with whether tree-trimming contractor liable for woman’s death

Should the state’s recreational-immunity statute protect a tree-trimming contractor from liability even after it caused the death of a woman by cutting down a branch? That question is at the heart of John Westmas v. Selective Insurance Co., a case in which the state’s Supreme Court heard oral arguments on Tuesday. The occasion gave the high-court justices a chance to ...

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2010AP316 Milton, et al. v. Washburn County, et al.

Torts Recreational immunity A snowmobile club’s failure to remove a directional sign is not a malicious act resulting in the loss of recreational immunity. “Milton and Hoffman argue the Club’s conduct was so certain to cause injury that a jury could infer they were aware injury was practically certain to result. We disagree. Our supreme court has frequently cited an ...

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2010AP762 Kleemann, et al. v. Emerson, et al.

Torts Recreational immunity Mark E. Kleemann appeals from a summary judgment decision that dismissed his negligence action against Scott Emerson and Emerson’s insurer for injuries Kleemann suffered when a hockey puck shot by Emerson hit Kleemann in the face. Kleemann challenges the trial court’s determination that the recreational immunity statute applied and its refusal to allow him to amend his ...

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