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KLOES v. EAU CLAIRE CAVALIER

No. 91-2778.

170 Wis.2d 77 (1992)

487 N.W.2d 77

Jeffrey J. KLOES and Connie S. Kloes, Plaintiffs-Appellants, v. EAU CLAIRE CAVALIER BASEBALL ASSOCIATION, INC.; Carson Park Concessions, Inc.; Transamerica Insurance Company and Wisconsin Municipal Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 30, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, Jeffrey J. Kloes and Connie S. Kloes, the cause was submitted on the briefs of Thomas D. Bell and Matthew A. Biegert of Doar, Drill & Skow, S.C., of New Richmond.

For the defendants-respondents, Eau Claire Cavalier Baseball Association, Inc.; Carson Park Concessions, Inc.; and Transamerica Insurance Company, the cause was submitted on the brief of William M. Gabler of Garvey, Anderson, Johnson, Gabler & Geraci, S.C. of Eau Claire.

For the defendant-respondent, Wisconsin Municipal Mutual Insurance Company, the cause was submitted on the brief of Eric J. Wahl of Wiley, Wahl, Colbert, Norseng, Cray and Herrell, S.C. of Eau Claire.

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

CANE, P.J.

Jeff and Connie Kloes appeal a summary judgment dismissing their action, on the merits, against the Eau Claire Cavalier Baseball Association (association); Transamerica Insurance Company, the association's insurer; and Wisconsin Municipal Mutual Insurance Company (WMMIC), the city of Eau Claire's insurer. They argue that the trial court erred by finding that (1) the recreational immunity statute, sec. 895.52, Stats., bars the Kloeses' action against WMMIC...

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