Wirth v. Ehly

The judgment dismissed with prejudice, for failure to state a claim, the complaint of the minor plaintiff and his parents alleging negligence causing personal injuries when the “trail bike” on which he was riding struck a cable stretched across a roadway used by the public on recreational land owned by the state and operated by the Department of Natural Resources (DNR). The defendants, employees of DNR, moved to dismiss on the ground that the complaint as framed failed to state a cause of action, citing the provisions of sec. 29.68, Stats. 1975. 1 The trial court granted the motion. We agree…