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ENGELHARDT v. CITY OF NEW BERLIN

No. 2016AP801.

921 N.W.2d 714 (2019)

2019 WI 2

Michael ENGELHARDT, Julieann Engelhardt, Individually and as the Personal Representative of the Estate of Lily Engelhardt, Plaintiffs-Respondents-Petitioners, State of Wisconsin Department of Health Services, Involuntary-Plaintiff, v. CITY OF NEW BERLIN, ABC Insurance Company and New Berlin Parks and Recreation Department, Defendants-Appellants, Wiberg Aquatic Center f/k/a Wirth Aquatic Center and MNO Insurance Company, Defendants.

Supreme Court of Wisconsin.

Opinion Filed: January 4, 2019.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners, there were briefs filed by Christopher E. Rogers , Susan R. Tyndall , and Habush Habush & Rottier S.C., Madison. There was an oral argument by Christopher E. Rogers.

For the defendants-appellants, there was a brief filed by Dustin T. Woehl and Kasdorf Lewis & Swietlik, SC, Milwaukee. There was an oral argument by Dustin T. Woehl.

An amicus curiae brief was filed on behalf of Wisconsin Association for Justice by William C. Gleisner, III , and Law Offices of William C. Gleisner, III, Brookfield.

An amicus curiae brief was filed on behalf of League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Counties Association by Ted Waskowski , Kyle W. Engelke , and Stafford Rosenbaum, LLP, Madison. There was an oral argument by Kyle W. Engelke.

¶ 1 This is a review of an unpublished decision of the court of appeals reversing the circuit court's denial of summary judgment to the City of New Berlin and the New Berlin Parks and Recreation Department (together, "New Berlin").1

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