Atkins v. Swimwest Family Fitness Center

277 Wis.2d 303 (2005)

2005 WI 4

691 N.W.2d 334

Benjamin ATKINS, a minor, as the only surviving child of Charis Wilson, deceased, by Alexander Kammer, guardian ad litem, Plaintiff-Appellant,

v.

SWIMWEST FAMILY FITNESS CENTER a/k/a Swimwest School of Instruction, Inc., Karen Kittelson, and West Bend Mutual Insurance Company, Defendants-Respondents.

No. 03-2487-FT.

Supreme Court of Wisconsin.

Oral argument October 26, 2004.

Decided January 19, 2005.

For the plaintiff-appellant there were briefs by J. Michael Riley and Axley Brynelson, LLP, Madison, and oral argument by John M. Riley.

For the…