02-0703 Raquel R.S., et al. v. Necedah Area School District, et al.

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The minor plaintiffs in this action are elementary school children in the Necedah Area School District who were fondled by a District bus driver. They and their parents and guardians appeal the trial court’s order granting summary judgment in favor of the School District. The trial court concluded that the District was immune from suit for negligence under Wis. Stat. sec. 893.80(4) and dismissed the action. The plaintiffs contend that the District is not immune from suit for negligence because: (1) the alleged negligent District employees were mandatory reporters under Wis. Stat. sec. 48.981, and therefore their duties were ministerial, not discretionary; and (2) the known danger exception to immunity applies. We conclude that, even if certain District employees are mandatory reporters under sec. 48.981(2), an issue we do not decide, the only duty that would be ministerial as a result is the specific reporting obligation in sec. 48.981(3)(a); the acts of the District employees that form the basis for the claim of negligence remain discretionary. We also conclude that a known danger did not exist under the standard established in Lodl v. Progressive Northern Insurance Co., 2002 WI 71, ¶¶20-21, 253 Wis.2d 323, 335, 646 N.W.2d 314.

Accordingly, we affirm.

Not recommended for publication in the official reports.

Dist IV, Juneau County, Brady, J., Vergeront, P.J.

Attorneys:

For Appellant: Jay S. Carmichael, Tomah, Martin Rand Anderson, Tomah

For Respondent: Richard G. Niess, Madison