Man struck by skydiver cannot sue host of event, court rules

Jan. 30, 2014 at 2:33 PM

MANITOWOC, Wis., Jan. 30 (UPI) -- A man who was struck by a descending skydiver at a charity event may not sue sponsors of the event, a Manitowoc County, Wis., court ruled Thursday.

The state Court of Appeals ruled Cheryl Vogel and her Smiling Moose Saloon and Grill were protected by Wisconsin's "recreational immunity" statute during the 2009 Moosefest, when a skydiver, one of several landing in a field littered with paper plates used as targets for the skydivers, descended and slid into plaintiff Stephen Scheuren.

Scheuren and several others sued and won a default judgment, but Vogel and her insurer moved for summary judgment and prevailed in the appeals court, the Milwaukee Journal Sentinel reported Thursday.

The appeals court cited the "recreational immunity" statute, which states the owner of a recreation property has no duty to keep it safe or give warning of potentially unsafe activities such as skydivers landing on paper plates, the newspaper noted.

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