WILMET v. LIBERTY MUT. INS. CO.

Appeal No. 2015AP2259.

893 N.W.2d 251 (2017)

374 Wis.2d 413

2017 WI App 16

Carol WILMET and Gerald Wilmet, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY and City of De Pere, Defendants-Respondents, Kathleen Sebelius and ABC Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed: February 28, 2017.


Attorney(s) appearing for the Case

Appellant ATTORNEYS: On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Kristen S. Scheuerman Knutson of Herrling Clark Law Firm, Ltd., Appleton.

Respondent ATTORNEYS: On behalf of the defendants-respondents, the cause was submitted on the brief of Peter M. Farb and J. Michael Sturino of Law Offices of Thomas P. Stilp, Milwaukee.

A nonparty brief was filed by William C. Gleisner, III and Michael J. Cerjak of Pitman, Kalkhoff, Sicula & Dentice, S.C., for Wisconsin Association For Justice.

Before Stark, P.J., Hruz and Seidl, JJ.


¶ 1 Carol and Gerald Wilmet appeal an order dismissing their claims against the City of De Pere and its insurer as being barred by the recreational immunity statute, WIS. STAT. § 895.52 (2015-16).1 The sole issue on appeal is whether that statute confers immunity against the claims of a person who...

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