[Download] "Clarence Ervin v. City Kenosha" by United States Court of Appeals for the Third Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Clarence Ervin v. City Kenosha
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 23, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This case is before this court on certification from the court of appeals pursuant to sec. (Rule) 809.61, Stats. The parents appeal from a summary judgment (dismissing their complaint) of the circuit court for Kenosha county, Judge David M. Bastian. The parents raise three issues on appeal. First, they contend that sec. 895.52(2), Stats. (Wisconsins recreational use statute), does not immunize the city of Kenosha (City) from liability for negligently hiring and failing to properly train and instruct lifeguards for its public beach, nor is the City immune from liability for the negligent performance of these lifeguards. Second, the parents contend that summary judgment was inappropriate in this case because genuine issues of material fact existed which should have been tried to a jury. Third, the parents argue that, even if the Citys conduct would otherwise be immunized by sec. 895.52(2), the City is liable under sec. 895.52(4) because its conduct was malicious.

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