Waters v. United States Fidelity & Guaranty Co.

In this appeal, we are asked to decide whether the Wisconsin Supreme Court’s decision in Antoniewicz v. Reszczynski, 70 Wis. 2d 836, 236 N.W.2d (1975), abolished all former Wisconsin case law involving the open and obvious danger exception to ordinary negligence. We hold that it did not. We conclude the Antoniewicz decision simply eliminated the distinction in duty owed by an owner or possessor of land to invitees and licensees. Therefore, we affirm the trial court’s granting of the summary judgment since the landowners had no obligation to protect people coming upon a natural pond of water…