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KIMPS v. HILL

No. 92-2736.

187 Wis.2d 508 (1994)

523 N.W.2d 281

Renee KIMPS, Plaintiff-Respondent-Cross Appellant-Cross Respondent, NORTH CENTRAL HEALTH CARE PROTECTION PLAN, Nominal-Plaintiff, v. Dr. Leonard M. HILL, Defendant-Appellant-Cross Respondent, JAYFRO CORPORATION, a Subsidiary of Verified Sports, Inc., Defendant-Respondent-Cross Respondent-Cross Appellant, Allen R. KURSEVSKI, Defendant-Cross Respondent, Dr. John MUNSON, Marty Loy, Sister Rosella Reinwand, Jerry Burling, Milwaukee Sporting Goods, Pacific Employers Insurance Company, Allen R. Kursevski, Donald P. Burling, Gregory Diemer, Valley School Suppliers, a Division of QIII Corporation and INA Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided September 15, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of James E. Doyle, attorney general, and Robert D. Repasky, assistant attorney general.

For the plaintiff-respondent-cross appellant-cross respondent, the cause was submitted on the briefs of Keith F. Ellison and Paul E. David of Patterson, Richards, Hessert, Wendorff & Ellison of Wausau.

For the defendant-respondent-cross respondent-cross appellant the cause was submitted on the briefs of David A. Ray of Terwilliger, Wakeen, Piehler & Conway, S.C. of Stevens Point.

For the defendant-cross-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Robert D. Repasky, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

This is an appeal and cross-appeal from a judgment against Dr. Leonard M. Hill, a physical education professor at the University of Wisconsin-Stevens Point. The judgment arose out of a negligence action in which Renee Kimps asserted that her foot was injured when a volleyball standard fell on it. The issue is whether Professor Hill is entitled to the protection of public officer immunity. Kimps and Jayfro Corporation cross-appeal from the trial court's...

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