Westmas v. Selective Insurance Co. of South Carolina

Plaintiffs sued Creekside Tree Service, Inc. and its insurer, Selective Insurance Company of South Carolina, after Plaintiffs’ wife and mother was killed when a tree branch cut by Creekside fell on her while she was walking on a public path through the property of Conference Point Center. The circuit court granted summary judgment for Creekside on the ground that the recreational immunity statute, Wis. Stat. 895.52, barred claims against it. The court of appeals reversed. The Supreme Court affirmed, holding (1) Creekside, as the entity hired by Conference Point to complete a tree-trimming project, was not protected from liability as an “agent” of Conference Point under Wis. Stat. 895.52(2)(b); and (2) Creekside was not entitled to recreational immunity as an occupier of the Conference Point property such that it was a statutory “owner” of the property at the time of the accident. View "Westmas v. Selective Insurance Co. of South Carolina" on Justia Law