[Download] "Craig S. Griebler v. Doughboy Recreational" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: Craig S. Griebler v. Doughboy Recreational
- Author : Supreme Court of Wisconsin
- Release Date : January 21, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This case is before the court on petition for review of a decision of the court of appeals, Griebler v. Doughboy Recreational,
152 Wis. 2d 622, 449 N.W.2d 61 (Ct. App. 1989). The court of appeals reversed the judgments entered by the circuit court for
Oconto County, Robert O. Weisel, Reserve Judge. The circuit court granted summary judgment to the defendants on the grounds
that the plaintiff caused his own injuries by voluntarily confronting an open and obvious danger: diving headfirst into water
of unknown depth. The court of appeals held that summary judgment was improperly granted because it was not clear from the
evidence in the record that as a matter of law a reasonable person in the plaintiff's position would have appreciated the
gravity of the harm that could result from diving headfirst into water of unknown depth. Griebler, 152 Wis. 2d at 629-30. Two issues are presented on this review. The first issue is whether the open and obvious danger defense only applies when
a reasonable person in the position of the plaintiff would appreciate the gravity of the harm threatened by the open and obvious
condition. The second issue is whether the plaintiff in this case, Craig S. Griebler (Griebler), confronted an open and obvious
danger as a matter of law when he dove headfirst into water of unknown depth.