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VOSS v. ELKHORN AREA SCHOOL DISTRICT

No. 2005AP3037.

724 N.W.2d 420 (2006)

2006 WI App 234

Marlene VOSS, Duane Voss, and Lisa Voss, by her Guardian ad Litem, Martin W. HARRISON, Plaintiffs-Respondents, Wisconsin Pipe Trades Health Fund, Involuntary-Plaintiff, v. ELKHORN AREA SCHOOL DISTRICT and Community Insurance Corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed October 18, 2006.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Daniel G. Jardine of Jardine Law Office, L.L.C., DeForest.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Martin W. Harrison of Harrison, Williams, McDonell & Swatek, L.L.P., Whitewater.

Before BROWN, NETTESHEIM and ANDERSON, JJ.

¶ 1 ANDERSON, J.

Elkhorn Area School District and its insurer, Community Insurance Corporation, appeal from a judgment entered after trial. Elkhorn argues that the circuit court erred when it concluded that the known and present danger exception to governmental immunity applied and exposed Elkhorn to liability for injuries Lisa Voss sustained while wearing "fatal vision goggles" in her health class. We conclude that the nature of the goggles, which replicate...

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