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BYSTERY v. VILLAGE OF SAUK CITY

No. 87-1494.

146 Wis.2d 247 (1988)

430 N.W.2d 611

Ann C. BYSTERY and Don C. Bystery, Plaintiffs-Appellants, v. VILLAGE OF SAUK CITY and Heritage Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 11, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by James P. Gerlach, and Mark L. Krueger and LaRowe, Gerlach, Chiquoine & Kahler, S.C., of Reedsburg, and oral argument by James P. Gerlach.

For the defendant-respondent there was a brief by Jerome P. Mercer and Clyde C. Cross, and Cross, Mercer and Maffei, of Baraboo, and oral argument by Jerome P. Mercer.

Brief of amicus curiae was filed by D. J. Weis and Ronald S. Aplin, and Johnson, Weis, Paulson & Priebe, S.C., of Rhinelander, on behalf of the Wisconsin Academy of Trial Lawyers.

Before Gartzke, P.J., Eich and Sundby, JJ.

SUNDBY, J.

Ann Bystery was injured when the bicycle she was riding overturned on a Sauk City sidewalk. She appeals from a summary judgment dismissing her complaint against the village and its insurer for her injuries on the ground that the village is immune from liability under sec. 895.52, Stats. Because we conclude that the village is not so immune, we reverse.

Section 895.52(2)(b), Stats., provides that "[e]xcept as provided in subs (3) to (6), no owner...

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