Jackson v. Burczyk

REILLY, P.J. (dissenting).

¶27 I respectfully dissent as the known and present danger exception clearly applies. A kettle that holds boiling liquids and has been known for over a year to have defective gears and be prone to tipping is a known and present danger that creates a ministerial duty to repair or prevent injury. The fact that the injury occurred to a prisoner (as the majority highlights in the first line of its decision) is meaningless to our analysis. Let's change our outlook as to who was injured, but keep all other facts, dates, and times the same. The kitchen is now at the…