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METTLER v. NELLIS

No. 04-1216.

280 Wis.2d 753 (2005)

2005 WI App 73

695 N.W.2d 861

Jessica L. METTLER by her Guardian ad Litem, George Burnett and Perry and Mary Mettler, Plaintiffs-Appellants-Cross-Respondents, v. Debra L. NELLIS and General Star Indemnity Company, Defendants-Respondents-Cross-Appellants.

Court of Appeals of Wisconsin.

Decided March 22, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

On behalf of the defendants-respondents-cross-appellants, the cause was submitted on the briefs of W. Patrick Sullivan and Corrado Cirillo of Siesennop & Sullivan, Milwaukee.

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

¶ 1. PETERSON, J.

Jessica, Perry and Mary Mettler appeal a summary judgment dismissing their claims against Debra Nellis and her insurer, General Star Indemnity Company.1 The Mettlers argue the circuit court erred by failing to consider their expert's affidavit, which created a genuine issue of material fact as to whether the equine immunity statute, WIS. STAT. § 895.481, applies....

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