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MILLER v. MAUSTON SCHOOL DIST

No. 97-1874.

222 Wis.2d 540 (1998)

588 N.W.2d 305

Tatiahanah Marie MILLER, a minor, by her guardian ad litem, Dennis E. Robertson, Plaintiff-Appellant, v. MAUSTON SCHOOL DISTRICT, CESA-V, and Employers Mutual Casualty Company, Defendants-Respondents. Marilyn JACKSON, individually, and as special administrator for the Estate of Roger Cruea, and Earl Jackson, Plaintiffs-Appellants, v. MAUSTON SCHOOL DISTRICT, CESA-V, and Employers Mutual Casualty Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 22, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, Tatiahanah Marie Miller, the cause was submitted on the briefs of Dennis E. Robertson and Margery Mebane Tibbetts of Brennan, Steil, Basting & MacDougall, S.C., of Janesville.

On behalf of the plaintiff-appellant, Marilyn Jackson, individually and as special administrator for the Estate of Roger Cruel, and Earl Jackson, the cause was submitted on the briefs of Eric P. Molberg of Chilquoine & Krueger, S.C. of Reedsburg.

On behalf of the defendants-respondents, CESA-V and Employers Mutual Casualty Insurance Company, the cause was submitted on the briefs of Mark J. Mingo of Mingo & Yankala, S.C., of Milwaukee.

Before Vergeront, Roggensack, and Nichol, JJ.

VERGERONT, J.

This is a wrongful death action arising from the drowning death of Roger Cruea, a student in the Mauston Public School District enrolled in a special education program run in part by the Cooperative Education Service-Agency No. V (CESA-V). The consolidated actions of Tatiahanah Miller, Cruea's alleged child, by her guardian ad litem, and of Cruea's parents, Marilyn2 and Earl Jackson, claimed negligence on the part of CESA...

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