Atkins v. Swimwest Family Fitness Center

¶ 1. This case is before the court on certification from the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2001-2002).1 Benjamin Atkins (Atkins) appealed from an order of the circuit court, which granted summary judgment in favor of Swimwest Family Fitness Center a/k/a Swim-west School of Instruction, Inc., Karen Kittelson, and West Bend Mutual Insurance Company (Swimwest). *308Atkins filed suit for the wrongful death of his mother, Dr. Charis Wilson (Wilson), who drowned2 while using Swimwest's lap pool. The circuit court held that the guest registration and waiver form signed by…