Appeals court says school negligence lawsuit properly dismissed

June 9, 2005

Posted on Wed, Jun. 01, 2005

ROBERT IMRIE

Associated Press

WAUSAU, Wis. - A judge properly threw out a lawsuit accusing a

northeast Wisconsin school district of negligence when it built a

new school that developed a mold problem years later, a state

appeals court ruled Wednesday.

The lawsuit, filed by 20 parents and students and their health

insurance companies, failed to show Wausaukee School District

officials ignored a known and present danger, the 3rd District Court

of Appeals ruled.

The school officials had immunity for their actions under a state

law that protects government workers from facing legal liability

when they make an incorrect decision, the court said.

" The duties to construct, repair and maintain a building involve a

greater degree of judgment and discretion than placing a sign,

warning motorists of a fallen tree or directing traffic around

inoperable signals, " the three-judge panel said, referring to other

cases where a government's immunity did not apply.

The decision upholds a ruling by Marinette County Circuit Judge Tim

Duket.

According to court records, the Wausaukee district opened a new K-12

school in 1993. The lawsuit alleged that school officials knew of a

mold problem in the building by October 1999 but did nothing about

it until 2002.

Teachers and support staff complained of health concerns, including

headaches, dizziness and frequent sinus infections, in October 2001,

court records said. Studies eventually found high concentrations of

fungi in certain areas of the building, and a La Crosse engineering

firm recommended ways to address the problem.

Schulz, an attorney for the families, said Wednesday the

students suffered an overabundance of cold-like and allergy symptoms

they believed were linked to the school's mold problems. Some

parents pulled their children from school and taught them at home

because of the conditions, he said.

Schulz declined comment on the 10-page appeals court decision until

he had more time to review it.

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