Minnesota Fire & Casualty Insurance v. Paper Recycling of La Crosse

¶ 46. (dissenting). I respectfully dissent. I would conclude that the boys' activity constituted a "recreational activity" under Wis. Stat. § 895.52 (1995-96)1 and, for this reason, § 895.52 immunizes Paper Recycling from liability. Therefore, I believe that this court should have ruled that summary judgment in favor of Paper Recycling is appropriate.

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¶ 47. The legislature intended Wis. Stat. § 895.52 to "be liberally construed in favor of property owners to protect them from liability." Linville v. City of Janesville, 184 Wis. 2d 705, 715, 516 N.W.2d 427 (1994) (quoting 1983 Wis. Act 418,…