SILINGO v. VILLAGE OF MUKWONAGO

No. 89-1697.

156 Wis.2d 536 (1990)

458 N.W.2d 379

Eleanor SILINGO, and John P. Silingo, her husband, Plaintiffs-Appellants, v. VILLAGE OF MUKWONAGO, Wausau Insurance Companies, American Legion Post No. 375, Sentry Insurance Companies, Great Southwest Insurance Company, and John Doe, an unknown vendor, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 2, 1990.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Eugene A. Kershek and E. Joseph Kershek of Kershek & Kershek Law Offices of Milwaukee and oral argument by Eugene A. Kershek.

On behalf of the defendants-respondents, Village of Mukwonago and Wausau Insurance Companies, the cause was submitted on the brief of Gregg T. Heidenreich of Law Offices of Straub & Schuch of Milwaukee and oral argument by Gregg T. Heidenreich.

On behalf of the defendants-respondents, American Legion Post No. 375, Sentry Insurance Companies and Great Southwest Insurance Company, the cause was submitted on the brief of Thomas E. Valentyn of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee and oral argument by Thomas E. Valentyn.

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


NETTESHEIM, P.J.

Eleanor Silingo appeals from a summary judgment and an order dismissing her personal injury action against the Village of Mukwonago (village) and the American Legion Post No. 375 (Legion).1 The trial court concluded that the village and the Legion were immune from liability pursuant to Wisconsin's "recreational immunity" statute, sec. 895.52, Stats. Based on the summary judgment record in this case, we conclude that material...

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