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SCHULTZ v. GRINNELL MUT. REINSURANCE, CO.

No. 98-3466.

229 Wis.2d 513 (1999)

600 N.W.2d 243

Michael E. SCHULTZ, and Lorrie Schultz, Plaintiffs-Appellants, v. GRINNELL MUTUAL REINSURANCE CO., James R. Timm, Donna Timm, Amy Timm, Juneau County Agricultural Society, Inc., and T. I. G. Insurance Company, Defendants-Respondents, The JUNEAU COUNTY FAIR, INC., and K & K Insurance Group, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided July 22, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Paul S. Curran of Curran, Hollenbeck & Orton, S.C. of Mauston.

On behalf of the defendants-respondents, the cause was submitted on the brief of Wayne L. Maffei and Wendy J.N. Bromley of Cross, Jenks, Mercer and Maffei of Baraboo.

Before Dykman, P.J., Vergeront and Deininger, JJ.

DYKMAN, P.J.

Michael E. and Lorrie Schultz appeal from an order granting summary judgment in favor of the Juneau County Agricultural Society and its insurer, T.I.G. Insurance Company. The Schultzes argue that the trial court erred by applying Wisconsin's recreational immunity statute, § 895.52, STATS., because, at the time he was injured by a runaway steer, Michael Schultz was not engaged in a recreational activity. The Schultzes also argue that even if Schultz...

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