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LINVILLE v. CITY OF JANESVILLE

No. 91-1099.

184 Wis.2d 705 (1994)

516 N.W.2d 427

89-CV-429 David William LINVILLE, Sr. and Estate of David Linville, Jr., Plaintiffs-Appellants, v. CITY OF JANESVILLE, David Moore, Gary Myers, Paul Bloom, Stephen Dorsey, Wes Meacham, Dennis Witek, Kenneth Bollinger, Arthur Stearns, Larry Grorud, The City's and Village's Mutual Insurance Company, ABC Fireman, DEF Policemen, GHI Paramedics, XYZ Insurance Company and QQQ Insurance Company, Defendants-Respondents. 89-CV-606 Kelly C. LINVILLE and CPC Greenbrier Hospital, Plaintiffs-Appellants, v. CITY OF JANESVILLE, Paul Bloom, Dennis Witek, Kenneth Bollinger, Larry Grorud, Stephen Dorsey, West Meacham, Arthur Stearns, The City's and Village's Mutual Insurance Company, XYZ Insurance Company and QQQ Insurance Company, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 15, 1994.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Thomas J. Basting, Sr., Margery M. Tibbetts and Brennan, Steil, Basting & MacDougall, S.C., Janesville and oral argument by Thomas J. Basting.

For the plaintiffs-appellants there was a brief by Michael E. McMorrow, Elm Grove and oral argument by Michael E. McMorrow.

Amicus curiae brief was filed by Charles D. Hoornstra, assistant attorney, with whom on the brief was James E. Doyle, attorney general.

Amicus curiae brief was filed by Claire Silverman, Madison for the League of Wisconsin Municipalities.

Amicus curiae brief was filed by Eugene O. Gehl and Foley & Lardner, Madison for the Wisconsin Municipal Mutual Insurance Company.

Amicus curiae brief was filed by Saul N. Winsten and Michael, Best & Friedrich, Milwaukee for the Wisconsin Park & Recreation Association.

WILLIAM A. BABLITCH, J.

The defendants City of Janesville (City) and the City's paramedics.1 seek review of a published court of appeals' decision2 which denied them immunity from liability under the recreational immunity statute3 for claims arising from a drowning at the City's pond. The court...

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