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SHAIN v. RACINE RAIDERS FOOTBALL CLUB, INC.

No. 2005AP3118.

726 N.W.2d 346 (2006)

2006 WI App 257

Scott SHAIN and Patricia Shain, Plaintiffs-Appellants, United Healthcare Insurance Company, Involuntary-Plaintiff, v. RACINE RAIDERS FOOTBALL CLUB, INC., Capitol Indemnity Corporation, Racine Youth Sports, Inc., and ABC Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed November 22, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs and oral argument of Thomas W. Durkin, of Becker, French & DeMatthew, of Racine.

On behalf of the defendants-respondents Racine Raiders Football Club, Inc. and Capitol Indemnity Corporation, the cause was submitted on the brief of James S. Smith and oral argument by Wendy G. Gunderson of Steinhafel, Smith & Rowen, S.C. of Brookfield. On behalf of the defendants-respondents Racine Youth Sports, Inc. and ABC Insurance Co., the cause was submitted on the brief of Rebecca Lizdas Ullenberg and oral argument of Jeaffrey Leavell of Jeaffrey Leavell, S.C. of Racine.

Before BROWN, NETTESHEIM and ANDERSON, JJ.

¶1 NETTESHEIM, J.

Scott Shain appeals from a summary judgment dismissing his negligence claim under the safe-place statute against the Racine Raiders Football Club, Inc., Racine Youth Sports, Inc., and their insurers.1 Shain was injured while he coached a youth football team. In dismissing the action, the trial court likened Shain's role as a coach to that of a spectator under the so-called "Baseball Rule." As such, the court ruled...

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