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PETERSON v. MIDWEST SECURITY INS. CO.

No. 99-2987.

238 Wis.2d 677 (2000)

2000 WI App 213

617 N.W.2d 876

Danny R. PETERSON, Plaintiff-Appellant, STATE of Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, and Community Living Alliance, Plaintiffs, v. MIDWEST SECURITY INSURANCE COMPANY, Defendant-Respondent, WISCONSIN CARPENTERS' HEALTH FUND, and American Family Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided August 17, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel A. Rottier and Virginia M. Antoine of Habush, Habush, Davis & Rottier, S.C., Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of James W. Mohr, Jr. of Mohr & Anderson, S.C., Hartford.

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

¶ 1. DEININGER, J.

Danny Peterson appeals a judgment dismissing his cause of action against Midwest Security Insurance Company. Peterson contends that Midwest Security is financially liable for injuries Peterson incurred when a tree stand owned by Harold Shaw, the company's insured, collapsed. The circuit court concluded that Peterson's claim is barred by Wisconsin's recreational immunity statute, WIS. STAT. § 895.52 (1997-98).1

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