Waters ex rel. Skow v. Pertzborn, 2001 WI 62, 243 Wis. 2d 703

Summary

The Supreme Court of Wisconsin held that a circuit court may not bifurcate liability and damages for trial before different juries when they arise from the same negligence claim. The court relied on Wisconsin Statutes §§ 805.05(2) and 805.09(2), concluding that the rules prohibit such bifurcation and require the same five-sixths of the jury to agree on all questions necessary to sustain a claim. The court also affirmed denial of summary judgment because genuine issues of material fact existed regarding the social guest exception to recreational immunity under Wis. Stat. § 895.52(6)(d).

Holdings

1. A circuit court is barred by Wisconsin law from bifurcating liability and damages for separate trials before different juries when the issues arise from the same claim.
2. Summary judgment for the Pertzborn defendants was properly denied because genuine issues of material fact existed concerning whether the social guest exception to recreational immunity applied.
3. Under the facts presented, the social guest exception may apply to an injury occurring just beyond the property line when the injury resulted from the continuous act of sledding that began on the owner's property.

Questions Presented

1. Whether a circuit court may order separate trials before different juries on liability and damages arising from the same negligence claim.
2. Whether the Pertzborn defendants were entitled to summary judgment under Wisconsin's recreational-immunity statute because the social guest exception did not apply.
3. Whether the social guest exception to recreational immunity can apply when the injury occurs just beyond the property line during a continuous sledding activity that began on the owner's property.

Disposition

reversed_and_remanded