Hupf v. City of Appleton

Lawrence Hupf, struck in the eye and injured by a thrown ball as he was walking in a city park, appeals a summary judgment dismissing his claims against the city of Appleton. The circuit court ruled that the city was not liable by virtue of the landowner's recreational immunity statute, sec. 895.52, Stats. The court also ruled that Hupf had signed an exculpatory contract releasing the city from any damage claims when he registered to participate in a softball league organized by the city parks and recreation department. Because disputed factual issues exist as to whether Hupf s activities at…