The City of Brookfield was recently granted a Motion for Summary Judgment in a lawsuit in which the City had been sued as a result of a death at their aquatic center in Wirth Park.
This lawsuit was filed as a result of an incident that occurred on July 3, 2012. This incident involved a minor that was a participant in a summer camp program. For unknown reasons, the minor became distressed while in the pool and lifeguard staff members were alerted and performed emergency rescue and resuscitation procedures; however, this minor could not be revived and passed away several days later.
The parents filed a lawsuit alleging that the lifeguards, supervisors and other staff were negligent.
Defense counsel was assigned and filed a motion for Summary Judgment citing Recreational Immunity, Wis. Stat. 895.52(2)(a)1 in their motion. This particular statute provides that there is no duty to keep a property safe for recreational activities, no duty to inspect the property and no duty to give warning of an unsafe condition.
Defense counsel cited two prior State Supreme Court decisions that involved CVMIC members in their motion to dismiss (Ervin v City of Kenosha, 159 Wis.2d 464, 472-76,464 N.W.2d 654 and Linville v City of Janesville, 184 Wis. 2d 705, 516 N.W.2d 427).
In addition, defense counsel cited Discretionary Immunity under Wis. Stat 893.80(4). Defense counsel’s position was that the lifeguard training supervision and the performance of the lifeguards themselves are discretionary acts for which the City was immune.
The court granted the City’s motion and the plaintiff’s attorneys have indicated that they will not be filing an appeal against the City of Brookfield.
Congratulations to the City of Brookfield.