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GENNRICH v. ZURICH AMERICAN INS. CO.

No. 2009AP2111.

789 N.W.2d 106 (2010)

2010 WI App 117

David P. GENNRICH, Plaintiff-Appellant, Blue Cross of California, Involuntary Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY and Grand Geneva, LLC, Defendants-Respondents, ABC Insurance Company and Does 2 through 50, and 52 through 100, inclusive, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed July 21, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James A. Higgins of Goyke, Tillisch & Higgins, LLP of Wausau.

On behalf of the defendants-respondents Zurich American Insurance Company and Grand Geneva, LLC, the cause was submitted on the brief of Ronald G. Pezze, Jr. , and Ahndrea R. Van Den Elzen of Peterson, Johnson & Murray, S.C. of Milwaukee.

Before BROWN, C.J., NEUBAUER, P.J., and SNYDER, J.

BROWN, C.J.

¶ 1 The issue in this case is whether and to what extent the safe place statute applies to a golf course that is open to the public when a golfer is injured because of a defective fence at a tee box. The circuit court agreed with Grand Geneva, LLC, when it held that Grand Geneva had no notice of the defect and therefore could not be held responsible under the safe place statute. It also held that if there was no safe place violation, then there was...

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