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KIMPTON v. NEW LISBON SCHOOL DIST.

No. 85-2223.

138 Wis.2d 226 (1987)

405 N.W.2d 740

James C. KIMPTON, Duane Kimpton and Carolyn Kimpton, Plaintiffs-Appellants, CENTRAL LIFE ASSURANCE CO., American States Ins. Co., Wisconsin Life Ins. Co., Fond du Lac County Unified Board, Winnebago County Unified Board and Tri-County Community Board, Plaintiffs, v. SCHOOL DISTRICT OF NEW LIBSBON, School Board of the School District of New Lisbon, Employers Mutual Casualty Company, Employers Insurance of Wausau, a mutual company, Defendants-Respondents, David A. SEGERSTROM, Defendant, ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS, Intervening Plaintiff.

Court of Appeals of Wisconsin.

Decided March 19, 1987.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Jack McManus and Edward W.J. Falkner and McManus Law Offices of Madison.

For the defendant-respondent Employers Mutual Casualty Company the cause was submitted on the brief of Barbara J. Swan and Brynelson, Herrick, Bucaida, Dorschel & Armstrong of Madison.

For the defendants-respondents School District of New Lisbon, School Board of the School District of New Lisbon and Employers Insurance of Wausau the cause was submitted on the brief of Fred D. Hollenbeck and Curran, Curran & Hollenbeck, S.C. of Mauston.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

James Kimpton and his parents, Duane and Carolyn, appeal from a summary judgment dismissing their action against the New Lisbon School District and its insurers, Employers Insurance of Wausau and Employer's Mutual Casualty Co. The Kimptons sought money damages from the district, claiming that it negligently allowed a sexual relationship to develop between James, a New Lisbon high school student, and one of his teachers, David Segerstrom. The complaint also...

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