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SIEVERT v. AMERICAN FAMILY MUT. INS. CO.

No. 93-0272.

180 Wis.2d 426 (1993)

509 N.W.2d 75

Robert SIEVERT and Patricia Sievert, Plaintiffs-Respondents-Cross-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent, BANKERS LIFE & CASUALTY COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Oral argument October 18, 1993.

Decided November 30, 1993.

Attorney(s) appearing for the Case

On behalf of defendant-appellant-cross-respondent, the cause was submitted on the briefs of Bruce B. Deadman of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

On behalf of plaintiffs-respondents-cross-appellants, the cause was submitted on the brief of Michael S. Siddall of Herrling, Clark, Hartzheim & Siddall, Ltd. of Appleton.

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

LaROCQUE, J.

American Family Mutual Insurance Company appeals an order granting a new trial in the interest of justice to Robert and Patricia Sievert. It also appeals the court's refusal to submit a verdict question allowing the jury to find American Family immune from liability under the recreational immunity statute, sec. 895.52, Stats. We conclude that the record supports the court's order of a new trial in the interest of justice pursuant to sec. 805.15(1), Stats...

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