Legal Opinion
Heuser Ex Rel. Jacobs v. Community Insurance
Court of Appeals of Wisconsin
Decided September 30, 2009No. 2008AP2760PublishedCited by 8 opinions
1Opinion of the CourtBrown, C.J.
¶ 1. Andrew Heuser was the third student in one day to sustain a cut while using a scalpel to dissect a flower during 8th grade science. He sued the Kenosha Unified School District #1, claiming negligence. The School District responded, in pertinent part, by asserting that it was immune from negligence suits. Andrew replied that the known and compelling danger exception allowed him to recover. The School District countered that the exception does not apply because the teacher had the discretion to decide which precautionary measure to take. The trial court ruled in favor of Andrew. We affirm.…
2Cases cited10 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Wurtz v. FleischmanWisconsin Supreme Court · 1980
- Cords v. AndersonWisconsin Supreme Court · 1977
- Noll v. Dimiceli's, Inc.Court of Appeals of Wisconsin · 1983
- Lodl v. Progressive Northern InsuranceWisconsin Supreme Court · 2002
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Doe v. St. Francis School DistrictCourt of Appeals for the Seventh Circuit · 2012
- Pinter v. Vill. of StetsonvilleWisconsin Supreme Court · 2019
- American Family Mutual Insurance v. Outagamie CountyCourt of Appeals of Wisconsin · 2012
- D.B. ex rel. Recore v. County of Green LakeCourt of Appeals of Wisconsin · 2016
- Alan W. Pinter v. Village of StetsonvilleWisconsin Supreme Court · 2019
3 more not listed; retrieve them via the Exa API.