Wisnicky v. Fox Hills Inn & Country Club, Inc.

In Griebler v. Doughboy Recreational, Inc., 160 Wis. 2d 547, 466 N.W.2d 897 (1991), our supreme court held that where a duty of ordinary care is owed, the voluntary confrontation of an open and obvious danger means that the plaintiffs comparative negligence is greater than that of the defendant's as a matter of law. By this decision, we extend Griebler to safe place statute claims and affirm the circuit court's summary judgment dismissing the lawsuit.

Richard Wisnicky was seriously injured when he dove into the shallow end of a swimming pool at Fox Hills Inn and Country Club at the close of…