Appellate Opinions Released October 18, 2006
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:
Voss v. Elkhorn Area School Dist. A teacher conducted a classroom exercise to show ninth-graders the ill-effects of intoxication. He was, regrettably, successful.
The lesson involved performing various tasks while wearing "fatal vision goggles." The goggles are designed to cause disorientation and mimic the lack of balance and depth perception one experiences when intoxicated. One of the students, while wearing the goggles and attempting to perform one of the tasks, fell and sustained substantial injury to her mouth and teeth.
The circuit court concluded the teacher had created a "known and present danger," which operates as an exception to the governmental immunity rule, and so allowed the suit for damages. The school district disagreed and appealed. Creating a known and present danger was the point of the exercise, wasn't it? The Court of Appeals affirmed.
The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:
Voss v. Elkhorn Area School Dist. A teacher conducted a classroom exercise to show ninth-graders the ill-effects of intoxication. He was, regrettably, successful.
The lesson involved performing various tasks while wearing "fatal vision goggles." The goggles are designed to cause disorientation and mimic the lack of balance and depth perception one experiences when intoxicated. One of the students, while wearing the goggles and attempting to perform one of the tasks, fell and sustained substantial injury to her mouth and teeth.
The circuit court concluded the teacher had created a "known and present danger," which operates as an exception to the governmental immunity rule, and so allowed the suit for damages. The school district disagreed and appealed. Creating a known and present danger was the point of the exercise, wasn't it? The Court of Appeals affirmed.
posted by Daniel Kelly at 9:22 AM
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