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WEINA v. ATLANTIC MUT. INS. CO.

No. 93-0535.

179 Wis.2d 774 (1993)

508 N.W.2d 67

Dawn E. WEINA, by her Guardian ad Litem, John Peyton, Steve C. Weina and Cynthia S. Weina, Plaintiffs-Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY and Mt. Pleasant Lutheran Church—ELCA, Defendants-Respondents, SAFECO INSURANCE COMPANY OF ILLINOIS, John Lovdahl, Employers Health Insurance Company, Blue Cross & Blue Shield United of Wisconsin and Benefit Trust Life Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided October 27, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, Dawn E. Weina, the cause was submitted on the brief of John Peyton, of Stewart, Peyton, Crawford, Crawford & Stutt of Racine.

On behalf of the plaintiffs-appellants, Steve C. Weina and Cynthia S. Weina, the cause was submitted on the brief of Tom Tofte, of Schwartz, Tofte, Nielsen & Demark, S.C., of Racine.

On behalf of the defendants-respondents, Atlantic Mutual Insurance Company and Mount Pleasant Lutheran Church—ELCA, the cause was submitted on the brief of Donald H. Piper and Daniel J. Jungen of Fellows, Piper & Schmidt of Milwaukee.

Before Anderson, P.J., Nettesheim and Snyder, JJ.

NETTESHEIM, J.

Dawn E. Weina appeals from a summary judgment dismissing her personal injury claim against Mt. Pleasant Lutheran Church—ELCA and its insurer, Atlantic Mutual Insurance Company (the church). The trial court held the church to be immune under Wisconsin's recreational use statute, sec. 895.52, Stats. We affirm.

The material facts are undisputed. Dawn and her family attended a picnic for members of the church's congregation. The church had...

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