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SAUER v. RELIANCE INSURANCE COMPANY

No. 88-2407.

152 Wis.2d 234 (1989)

448 N.W.2d 256

Linda SAUER, as personal representative for the Estate of Randal Sauer, deceased, Andrew Sauer, Linda Sauer, and Employer Insurance of Wausau, Plaintiffs-Respondents, v. RELIANCE INSURANCE COMPANY, Lunda Construction Company, State of Wisconsin Department of Transportation, Defendants, Roger BOHN, Don Nerenhausen, Jerry Dantoin, Colleen Ottum, Charles Ryan, Robert Packee, Greg Bethke, Mike Vendehei, Gus Hanold, Jody Coniff, Larry Lacenski, Matt Greely, Bob Wittlinger, Lee Rollins, D. Strand, and Stanley W. Woods, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 6, 1989.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants the cause was submitted on the briefs of Donald J. Hanaway, attorney general and Theodore L. Priebe, assistant attorney general.

On behalf of the plaintiffs-respondents the cause was submitted on the brief of Keary W. Bilka of Dewane, Dewane, Kummer & Lambert of Manitowoc.

Before Brown, P.J., Scott and Nettesheim, JJ.

NETTESHEIM, J.

This is an action for wrongful death brought by the estate of Randal Sauer and other claimants (the estate). Randal drowned in the waters of the East Twin River in Manitowoc county. The principal issue on this appeal is whether the state of Wisconsin is the "owner" of the river bed within the meaning of the "recreational immunity" statute, sec. 895.52, Stats. The trial court ruled on a motion to dismiss that the state was not an "owner" under the statute...

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