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BROOTEN v. HICKOK REHABILITATION SERVICES

No. 2012AP1940.

831 N.W.2d 445 (2013)

2013 WI App 71

Ronald J. BROOTEN, Plaintiff-Appellant-Respondent, v. HICKOK REHABILITATION SERVICES, LLC d/b/a Chetek Therapy & Fitness, Chetek Therapy & Fitness, LLC and Chetek Fitness 24/7 and West Bend Mutual Insurance Company, Defendants-Respondents, Hoist Fitness Systems, Inc., Wausau Insurance Company, The Pyramid Life Insurance Company and United States Centers for Medicare & Medicaid Services, Defendants, 2nd Wind Exercise Equipment, Defendant-Co-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed April 30, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-respondent, the cause was submitted on the briefs of Tracy N. Tool of Bye, Goff & Rohde, Ltd., River Falls. On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Jeffrey A. Muszynski and Andrew R. Brown of Reding & Pilney, PLLP, Lake Elmo, MN.

On behalf of the defendants-respondent, the cause was submitted on the briefs of Patrick G. Heaney of Thrasher, Pelish, Franti & Heaney, Ltd., Rice Lake.

Before HOOVER, P.J., MANGERSON, J., and THOMAS CANE, Reserve Judge.

HOOVER, P.J.

¶ 1 Ronald Brooten appeals a summary judgment dismissing his personal injury claims against Chetek Fitness 24/7 and its insurer, West Bend Mutual Insurance Company (collectively, "Chetek Fitness").1 Brooten argues the circuit court erroneously enforced an exculpatory waiver Brooten signed when joining the health club. We hold that the waiver was unenforceable, and reverse and remand.2

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