Drowning case appeal dismissed

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The Wisconsin Court of Appeals has essentially agreed with the Crawford County court system in the determination of a wrongful death lawsuit driven by the parents of the 4-year-old boy who drowned in the Prairie du Chien outdoor pool in 2017. 

The state court recently upheld county judge Craig Day’s ruling to dismiss the lawsuit. 

Kurt Warrington Jr. and Rachael Warrington filed the case after their son Kashton died several days after being found unresponsive during a swimming lesson Aug. 2, 2017, at the Wacouta Aquatic Park. The Warringtons alleged the boy’s death occurred because city and Prairie du Chien School District personnel “were negligent in their supervision and custody” of him. 

In November 2018, Judge Day ruled in favor of the city and school, citing the state’s “recreational immunity” statute, which limits a property owner’s liability for injury to, or caused by, a person engaging in recreational activity on the owner’s property.

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