The Wisconsin Court of Appeals has upheld the dismissal of a wrongful-death lawsuit brought by the parents of a Prairie du Chien boy who drowned in a municipal pool. Kurt Warrington Jr. and Rachael Warrington filed their case in Crawford County Circuit Court after their 4 year old son, Kashton, died after being found unresponsive during a swimming lesson Aug. 2, 2017, at Wacouta Aquatic Park. The Warringtons alleged that the boy’s death occurred because city and Prairie du Chien Area School District personnel “were negligent in their supervision and custody” of him. In November 2018, Crawford County Circuit Court Judge Craig Day ruled in favor of the city and school district, citing the state’s “recreational immunity” statute, which limits a property owner’s liability for an injury to, or caused by, a person engaging in recreational activity on the owner’s property.
