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HEUSER EX REL. JACOBS v. COMM. INS. CORP.

No. 2008AP2760.

774 N.W.2d 653 (2009)

2009 WI App 151

Andrew HEUSER, a minor, by his Guardian Ad Litem, Ann S. JACOBS, Michael Heuser and Barbara Heuser, Plaintiffs-Respondents, United Healthcare Insurance Company, Subrogated-Plaintiff, v. COMMUNITY INSURANCE CORPORATION and Kenosha Unified School District # 1, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed September 30, 2009.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Charles H. Bohl and John B. Tuffnell of Whyte Hirschboeck Dudek S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Ann S. Jacobs of Domnitz & Skemp, S.C. of Milwaukee.

Before BROWN, C.J., ANDERSON and SNYDER, JJ.

¶ 1 BROWN, C.J.

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...

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