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PETERSON v. MIDWEST SECURITY INS. CO.

No. 99-2987.

248 Wis.2d 567 (2001)

2001 WI 131

636 N.W.2d 727

Danny R. PETERSON, Plaintiff-Appellant-Petitioner, 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.

Supreme Court of Wisconsin.

Decided December 7, 2001.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Daniel A. Rottier, Virginia M. Antoine and Habush, Habush, Davis & Rottier, S.C., Madison, and oral argument by Daniel A. Rottier.

For the defendant-respondent there was a brief by James W. Mohr, Jr., and Mohr & Anderson, S.C., Hartford, and oral argument by James W. Mohr, Jr.

¶ 1. DIANE S. SYKES, J.

This case requires us to determine who qualifies as an "owner" of "property" for purposes of the recreational immunity statute, Wis. Stat. § 895.52 (1997-98), which immunizes property owners against liability for injuries to persons engaged in recreational activity on their property. More specifically, the issue is whether the owner of a tree stand used for deer hunting is entitled to recreational immunity when he does not also own...

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