Jeffrey J. Kloes and Connie S. Kloes v‪.‬

CANE, P.J. Jeff and Connie Kloes appeal a summary judgment dismissing their action, on the merits, against the Eau Claire
Cavalier Baseball Association (association); Transamerica Insurance Company, the association's insurer; and Wisconsin Municipal
Mutual Insurance Company (WMMIC), the city of Eau Claire's insurer. They argue that the trial court erred by finding that
(1) the recreational immunity statute, sec. 895.52, Stats., bars the Kloeses' action against WMMIC, and (2) Jeff Kloes voluntarily
confronted an open and obvious danger, and, therefore, as a matter of law, his negligence exceeded any negligence attributable
to the association. We agree that the recreational immunity statute, sec. 895.52, Stats., bars the Kloeses' action against WMMIC because the
city is immune from liability. However, we conclude that the trial court erred by holding that Jeff Kloes' negligence exceeded
the association's negligence as a matter of law. The judgment is affirmed in part, reversed in part and the matter remanded
for further proceedings consistent with this opinion.