CLG recently prevailed on a Motion for Summary Judgment in Lake County, Illinois, which dismissed the Chicago-based client from a lawsuit involving an alleged, significant closed-head injury to a minor, while on the client’s premises during a winter retreat located in Wisconsin.
Under Wisconsin law, which applied to the claims against CLG’s client after the firm successfully argued that Wisconsin law applied earlier in the case, private landowners are immune from liability based in tort for injuries that occur while a person is engaging in a recreational activity on such land. Firm Associate, Joshua A. Edelson, appeared and argued that CLG’s client, a not-for-profit religious organization who owned the land at issue in Wisconsin, owed no duty to the plaintiff in this case since plaintiff was engaging in a recreational activity – sledding – and is therefore immune from liability. Further, CLG also argued that plaintiff’s ancillary claims involving alleged failures of client to provide medical care/attention were without merit in that plaintiff never notified client of her apparent accident while sledding even if such claims do not relate to land itself and do not fall explicitly under the immunity statute. To that end, the Court agreed with the firm on all points and issued a written order granting CLG-client’s Motion for Summary Judgment in full. This was the third, and final, CLG-client to be dismissed from this case.