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YAUGER v. SKIING ENTERPRISES, INC.

No. 94-2683.

196 Wis.2d 485 (1995)

538 N.W.2d 834

Michael YAUGER and Brenda Yauger, Plaintiffs-Appellants, v. SKIING ENTERPRISES, INC., d/b/a Hidden Valley Ski Area, a Wisconsin corporation, and Investors Insurance Company of America, a foreign corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 23, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Gary L. Bendix and John M. Bruce of Savage, Gregorski, Webster, Stangel & Bendix, S.C. of Manitowoc. There was oral argument by John M. Bruce.

On behalf of the defendants-respondents, there was a brief and oral argument by Thomas B. Hartley of Guttormsen, Hartley & Guttormsen of Kenosha.

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

BROWN, J.

We are asked to gauge whether the exculpatory contract in this case is void as against public policy. Here, Brenda and Michael Yauger brought a wrongful death action against Hidden Valley Ski Area after their eleven-year-old daughter, Tara, was killed when she struck the concrete base of a ski lift tower. The trial court dismissed the claim finding that the Yaugers' contract with Hidden Valley for a season pass...

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