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MILTON v. WASHBURN COUNTY

No. 2010AP316.

797 N.W.2d 924 (2011)

2011 WI App 48

James L. MILTON, Tania Milton and Jesse J. Hoffman, Plaintiffs-Appellants, v. WASHBURN COUNTY and Minong-Wascott Area Trails Club, Inc., Defendants-Respondents, ABC Insurance Company, General Casualty Company of Wisconsin, Health Partners and Blue Cross Blue Shield of Minnesota, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed March 1, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Dean R. Rohde and Martha H. Heidt of Bye, Goff & Rohde, River Falls.

On behalf of the defendant-respondent, Washburn County, the cause was submitted on the brief of Thomas J. Misfeldt and Ryan J. Steffes of Weld, Riley, Prenn & Ricci, S.C., Eau Claire.

On behalf of the defendant-respondent, Minong-Wascott Area Trails Club, Inc., the cause was submitted on the brief of Joe Thrasher of Thrasher, Pelish & Franti, Ltd., Rice Lake.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

PETERSON, J.

¶ 1 James L. Milton, Tania Milton, and Jesse J. Hoffman appeal a summary judgment dismissing their negligence claims against the Minong-Wascott Area Trails Club and Washburn County. The circuit court concluded both the Club and the County are immune from liability under Wisconsin's recreational immunity statute, WIS. STAT. § 895.52.1 We agree and affirm.

BACKGROUND

¶ 2 This case arises from...

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