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ORTHMANN v. APPLE RIVER CAMPGROUND

No. 83-2519.

765 F.2d 119 (1985)

Owen ORTHMANN, Appellant, v. APPLE RIVER CAMPGROUND, INC., Somerset Camp, Inc., Floater's Haven Park, Inc., Float-Rite, Inc., Alice Incorporated and St. Croix Valley Sports Club, Inc., d/b/a River's Edge, Somerset Community Club and the Village of Somerset, d/b/a Village Park, Henri Breault, d/b/a Terrace Tubes and Aurel Cloutier, d/b/a Sunrise Park, Individually and as Joint Ventures, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1985.

Attorney(s) appearing for the Case

Clint Grose, Minneapolis, Minn., for appellant.

Kay Hunt, Minneapolis, Minn., Tim Murphy, St. Paul, Minn., and Thomas D. Bell, New Richmond, Wis., for appellees.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and COLLINSON, Senior District Judge.

HEANEY, Circuit Judge.

Owen Orthmann was innertubing on the Apple River near Somerset, Wisconsin, on July 19, 1980. During his trip down the river, he stopped at the river bank and dove into the water. Orthmann struck his head on the bottom or a submerged object, crushing several vertebrae. The blow rendered him a quadriplegic.

Orthmann filed a tort action against the Apple River innertube rental establishments in federal district court for the District of...

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