HELLEN v. HELLEN

No. 2012AP1916.

831 N.W.2d 430 (2013)

2013 WI App 69

Ruth HELLEN, Plaintiff-Appellant, State of Wisconsin, Department of Health Services, Subrogated-Plaintiff, v. Rebecca HELLEN, Jack Linney and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 25, 2013.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Alexander J. Smith of Alexander J. Smith Law Offices, Beloit.

On behalf of the defendant-respondent, Rebecca Hellen, the cause was submitted on the brief of Michael P. Crooks of Peterson, Johnson and Murray, S.C., Madison.

On behalf of the defendant-respondent, Jack Linney , the cause was submitted on the brief of Barbara M. Olivas and Karen M. Gallagher of Coyne, Schultz, Becker & Bauer, S.C., Madison.

On behalf of the defendant-respondent, American Family Mutual Insurance Company, the cause was submitted on the brief of Patricia J. Epstein and Sheila M. Sullivan of Bell, Moore & Richter, S.C., Madison.

Before SHERMAN, BLANCHARD and KLOPPENBURG, JJ.


BLANCHARD, J.

¶ 1 In this case, we are called upon to interpret and apply the equine immunity statute, WIS.STAT. § 895.481 (2011-12).1 The basic facts are that Ruth Hellen was injured as a result of contact with a horse named Whisper as Ruth held Whisper's lead rope and Ruth's daughter-in-law, Rebecca Hellen, prepared to ride Whisper. The circuit court concluded on summary judgment that the equine immunity statute applies to...

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