Legal Opinion · Dissent

Patti J. Roberts v. T.H.E. Insurance Company

Wisconsin Supreme Court

Decided March 30, 2016No. 2014AP001508Published

1Dissent

*436REBECCA G. BRADLEY, J.

¶ 132. (dissenting). I would affirm the court of appeals1 and hold that Sundog2 is immune from liability under Wisconsin's recreational immunity statute, Wis. Stat. § 895.52(2).3 Sundog meets the statutory requirements to obtain recreational immunity because: (1) it falls within the definition of "owner," which includes "a person. . . that. . . occupies property," and (2) Patti Roberts engaged in a recreational activity on the property occupied by Sundog. See Wis. Stat. § 895.52(l)(d)l., (2)(b). By actually using the land during a charity event, Sundog meets the ordinary…

2Cases cited11 opinions

  1. Ervin v. City of KenoshaWisconsin Supreme Court · 1991
  2. Linville v. City of JanesvilleWisconsin Supreme Court · 1994
  3. Hall v. Turtle Lake Lions ClubCourt of Appeals of Wisconsin · 1988
  4. Smith v. Sno Eagles Snowmobile Club, Inc.Court of Appeals for the Seventh Circuit · 1987
  5. Doane v. Helenville Mutual Insurance Co.Court of Appeals of Wisconsin · 1998

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