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YAUGER v. SKIING ENTERPRISES, INC.,

No. 94-2683.

206 Wis.2d 76 (1996)

557 N.W.2d 60

Michael YAUGER and Brenda Yauger, Plaintiffs-Appellants-Petitioners, 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.

Supreme Court of Wisconsin.

Decided December 19, 1996.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Gary L. Bendix, John M. Bruce and Savage, Gregorski, Webster, Stangel, Bendix & Bruce, S.C., Manitowoc and oral argument by John M. Bruce.

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

Amicus curiae brief was filed by Robert L. Jaskulski and Domnitz, Mawicke, Goisman & Rosenberg, S.C., Milwaukee for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Gregory J. Strasser and Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau for the Civil Trial Counsel of Wisconsin.

WILLIAM A. BABLITCH, J.

Michael and Brenda Yauger (the Yaugers), seek review of a court of appeals' decision holding that a liability waiver signed by Michael Yauger effectively relieved Skiing Enterprises, Inc., d/b/a/ Hidden Valley (Hidden Valley) of liability for its alleged negligence in the death of the Yauger's then eleven-year-old daughter, Tara. Hidden Valley argues that the exculpatory clause unambiguously relieves them from liability for the type of accident...

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