Fitzgerald v. Ludwig

The issue presented is whether the complaint states facts sufficient to constitute a cause of action. In deciding this issue the pleading is entitled to a liberal construction and to all the reasonable inferences which can be drawn from the facts. Sec. 263.27, Stats. Libowitz v. Lake Nursing Home, Inc. (1967), 35 Wis. 2d 74, 150 N. W. 2d 439, 151 N. W. 2d 680, and Estate of Mayer (1965), 26 Wis. 2d 671, 675, 133 N. W. 2d 322.

The complaint is grounded upon ordinary negligence since the parties concede that the fact situation will not support a cause of action based on attractive nuisance.

The…