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MOUA v. NORTHERN STATES POWER CO.

No. 89-1705.

157 Wis.2d 177 (1990)

458 N.W.2d 836

Keng MOUA, a minor, by his guardian ad litem, Jill R. Schilling, Kay Moua and Van Song Gen Moua, special administrators of the Estate of Neng Moua, deceased, special administrator of the Estate of Chir Pao Xiong, deceased, Xee Lee Xiong, individually, See Moua, Chia Moua, Jou Moua, Tseng Moua, Mai Lai Moua, and Kay Moua, minors, by their guardian ad litem, Jill R. Schilling, Teng Xiong, Kia Xiong, Chow Xiong, Pay Xiong, Ker Xiong, and Kou Xiong, minors, by their guardian ad litem, Jill R. Schilling, Petitioners-Appellants, v. NORTHERN STATES POWER COMPANY and Arnold Sumstad, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 26, 1990.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the brief of Cindra R. Carson and Mark C. Skolos of Hertel, Carson, White, Schilling & Barr, S.C. of Eau Claire.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael F. O'Brien of Garvey, Anderson, Kelley & Ryberg, S.C. of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The administrators of the Estates of Neng Moua and Chir Pao Xiong, and the families of the decedents (collectively Moua), appeal a summary judgment dismissing their personal injury and wrongful death claims against Northern States Power Company and one of its employees, Arnold Sumstad (collectively NSP). The trial court concluded that Wisconsin's recreational use statute, sec. 895.52, Stats., immunized NSP from liability for the injuries and deaths occurring...

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