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JOHNSON v. CITY OF DARLINGTON

No. 90-1127.

160 Wis.2d 418 (1991)

466 N.W.2d 233

Gregory JOHNSON, individually and as personal representative of the Estate of Jeremy Johnson, deceased, and Lu Ann Johnson, Plaintiffs-Appellants, v. CITY OF DARLINGTON and Employers Mutual Casualty Co., a foreign insurance corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 23, 1991.

Attorney(s) appearing for the Case

For plaintiffs-appellants, the cause was submitted on the briefs of Mark L. Thomsen and Lynn R. Laufenberg of Cannon & Dunphy, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Bradley D. Armstrong and Michael S. Anderson of Axley & Brynelson of Madison.

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

LaROCQUE, J.

Gregory and Lu Ann Johnson and the estate of Jeremy Johnson appeal a summary judgment dismissing their claim against the city of Darlington and Employers Mutual Insurance Company for negligence in the drowning death of Jeremy in the city's outdoor swimming pool. The trial court held that sec. 895.52, Stats., the recreational immunity statute, barred the Johnsons' complaint. The Johnsons argue that sec. 895.52 is inapplicable for several reasons and that...

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