Orthmann v. Apple River Campground, Inc.

757 F.2d 909 (1985)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Orthmann v. Apple River Campground, Inc.

United States Court of Appeals for the Seventh Circuit
757 F.2d 909 (1985)

  • Written by Rose VanHofwegen, JD

Facts

Tourist Owen Orthmann (plaintiff), age 19, rented an inner tube at a campground near Somerset, Wisconsin to float on the river. For a fee, campers could rent a tube, float four miles, and ride a bus back to the starting point. A tree leaning over the river midway created a popular natural diving board where a line of kids waited a turn. Orthmann did not want to wait in line and had seen others dive safely from the bank instead. Cloudy water reflected the sunlight, so Orthmann could not see the shallow bottom. He dove from the bank and hit his head on a rock, rendering him paralyzed. Instead of suing the landowner of the property where the accident occurred, Orthmann brought a premises-liability action against Apple River Campground, Inc. and seven other local businesses comprising a joint venture that promoted the tubing called the Floater’s Association (Floater’s), along with the Village of Somerset (defendants). Orthmann argued that Floater’s owned most of the four-mile stretch and controlled the banks, even though it did not own the particular parcel where the tree stood. Floater’s did maintain the banks and provide trash cans for tubers, in addition to renting tubes. Floater’s also cut down the popular tree shortly after the incident—without the landowner’s permission. Meanwhile, the trial court dismissed Orthmann’s complaint for failure to state a claim against Floater’s members as non-owners of the property. (The court also granted summary judgment for Somerset due to lack of statutorily required notice.) Orthmann appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 744,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 744,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 744,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership