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KOSTROSKI v. COUNTY OF MARATHON

No. 90-0285.

158 Wis.2d 201 (1990)

462 N.W.2d 542

Kathryn KOSTROSKI and Gerald Kostroski, Plaintiffs-Appellants, v. COUNTY OF MARATHON, a municipal corporation, and Marathon County Park Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 18, 1990.

Attorney(s) appearing for the Case

On behalf of plaintiffs-appellants, the cause was submitted on the brief of James L. Bartells of Jerome A. Maeder, S.C. of Wausau.

On behalf of defendants-respondents, the cause was submitted on the brief of Mark W. Parman of Straub and Schuch of Wausau.

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

LaROCQUE, J.

Kathryn and Gerald Kostroski appeal a judgment that dismisses their personal injury action against Marathon County, arising out of Kathryn's fall on a portable wooden sidewalk in a county park. The Kostroskis allege that the trial court erred by applying the recreational immunity statute, sec. 895.52, Stats. The Kostroskis believe the county is liable for ordinary negligence under sec. 81.15, Stats., for failing to repair a sidewalk. The trial court disagreed...

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