Sievert v. American Family Mutual Insurance

American Family Mutual Insurance Company appeals an order granting a new trial in the interest of justice to Robert and Patricia Sievert. It also appeals the court's refusal to submit a verdict question allowing the jury to find American Family immune from liability under the recreational immunity statute, sec. 895.52, Stats. We conclude that the record supports the court's order of a new trial in the interest of justice pursuant to sec. 805.15(1), Stats. We further conclude that the recreational immunity statute does not apply to the facts of this case. We therefore affirm the trial court…