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HERTELENDY v. AGWAY INS. CO.

No. 92-2852.

177 Wis.2d 329 (1993)

501 N.W.2d 903

David HERTELENDY, Plaintiff-Appellant, v. AGWAY INSURANCE COMPANY, Defendant-Respondent, BLUE CROSS & BLUE SHIELD OF KENTUCKY, INC., Defendant.

Court of Appeals of Wisconsin.

Decided May 25, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of George Burnett and Donald L. Romundson of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

For the defendant-respondent the cause was submitted on the brief of Thomas L. Schober of Schober & Ulatowski, S.C. of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

David Hertelendy appeals a summary judgment dismissing his personal injury complaint against Agway Insurance Company. David contends that the trial court erred by concluding that his father, Clarence Hertelendy, owed David no duty at the time of the accident because David voluntarily confronted an open and obvious hazard. We conclude that the trial court erroneously concluded that Clarence owed David no duty. However, because the trial court correctly determined...

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