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HUPF v. CITY OF APPLETON

No. 91-0919.

165 Wis.2d 215 (1991)

477 N.W.2d 69

Lawrence HUPF, Plaintiff-Appellant, v. CITY OF APPLETON, CNA Insurance Company, Defendants-Respondents, John DOE, ABC Insurance Company, Jeff Doe and DEF Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided October 22, 1991.

Attorney(s) appearing for the Case

On behalf of plaintiff-appellant, the cause was submitted on the briefs of Daniel J. Hoff of Glenn & Hoff, S.C. of Appleton.

On behalf of defendants-respondents, the cause was submitted on the brief of Peter M. Farb of Gabert & Williams of Appleton.

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

LaROCQUE, J.

Lawrence Hupf, struck in the eye and injured by a thrown ball as he was walking in a city park, appeals a summary judgment dismissing his claims against the city of Appleton. The circuit court ruled that the city was not liable by virtue of the landowner's recreational immunity statute, sec. 895.52, Stats. The court also ruled that Hupf had signed an exculpatory contract releasing the city from any damage claims when he registered to participate in a...

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