STROEDE v. SOC. INS.

Nos. 2018AP1880 & 2018AP2371.

959 N.W.2d 305 (2021)

2021 WI 43

David STROEDE, Plaintiff-Respondent-Petitioner, v. SOCIETY INSURANCE and Railroad Station, LLC, Defendants, Jacob D. Tetting and West Bend Mutual Insurance Company, Defendants-Appellants.

Supreme Court of Wisconsin.

Opinion Filed: May 18, 2021.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Keith E. Trower , Krista G. LaFave Rosolino , and Warshafsky, Rotter, Tarnoff & Bloch, S.C., Milwaukee. There was an oral argument by Keith E. Trower .

For the defendant-appellant Jacob D. Tetting , there was a brief filed by Eric S. Darling , John Wilson , and Schmidt, Darling & Erwin, Milwaukee. There was an oral argument by Eric S. Darling .

For the defendant-appellant West Bend Mutual Insurance Company, there was a brief filed by Monte E. Weiss and Weiss Law Office, S.C., Mequon. There was an oral argument by Monte Weiss .

KAROFSKY, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., DALLET, and HAGEDORN, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion.


¶1 The focus of this case is Wis. Stat. § 895.529 (2017-18),1 which immunizes and protects a "possessor of real property" from claims of trespassers for certain conduct. Under § 895.529(1)(a), a "[p]ossessor of real property" is defined as an "owner, lessee, tenant, or other lawful...

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