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01-2999 Fanello, et al. v. Weisenberger, et al.

By: dmc-admin//June 25, 2002//

01-2999 Fanello, et al. v. Weisenberger, et al.

By: dmc-admin//June 25, 2002//

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David Fanello and Shelly Weeth appeal a summary judgment dismissing their negligence action against Trempealeau County and Sheriff Ralph Weisenberger. The trial court concluded that the County and sheriff are immune from suit under Wis. Stat. sec. 893.80(4). Fanello and Weeth argue that the County coroner’s and sheriff’s negligent failure to find a portion of their son’s skull that was left near the scene of an accident falls within two exceptions to the immunity rule: (1) known and compelling danger and (2) nongovernmental, medical decisions.

We reject these arguments and affirm the judgment.

This opinion will not be published.

Dist III, Trempealeau County, Damon, J., Per Curiam

Attorneys:

For Appellant: James R. Koby, La Crosse

For Respondent: Charles H. Bohl, Milwaukee; Andre Wright, Milwaukee

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