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KANGAS v. PERRY

No. 00-0001.

239 Wis.2d 392 (2000)

2000 WI App 234

620 N.W.2d 429

Dawn KANGAS and Paul Kangas, Plaintiffs-Appellants-Cross-Respondents, v. Virgil PERRY and Auto Owners Insurance Company, Defendants-Respondents, Sandy GILBERT, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided October 3, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of James Koby of Park O'Flaherty, Ltd. of La Crosse.

On behalf of the defendants-respondents, the cause was submitted on the brief of David E. Richie of Danielson, Guettinger, Richie & Manydeeds, S.C. of Eau Claire.

On behalf of the defendant-respondent-cross-appellant, the cause was submitted on the brief of Lorrie J. Franson of Eau Claire.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Dawn and Paul Kangas appeal from a summary judgment dismissing their claim for personal injuries Dawn suffered after falling from a horse-drawn sled on Sandy Gilbert's property. The Kangases argue that the trial court erred by (1) applying the equine immunity statute, WIS. STAT. § 895.481,1 to the facts of this case; and (2) failing to conclude that Gilbert was vicariously...

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