MADISON, Wis. (Legal Newsline) – A Wisconsin school district could be headed to trial after a psychology teacher’s trust-building exercise went very wrong.
The state Court of Appeals on June 24 affirmed the denial of Edgerton School District’s motion for summary judgment in the case of Vincent Foreman-Ante, who sued after he was blindfolded and ran into a wall.
As the school tried to shield itself from liability through governmental immunity, Foreman-Ante’s lawyers argued the known danger exception to immunity applied. The Court of Appeals affirmed a trial judge’s ruling, rejecting the argument that for the known danger exception to apply, the danger must rise to the level of probable rather than possible.
“(T)here is a genuine issue of material fact on a potentially important issue, namely the noise level in the fieldhouse during the second part of the activity when Vincent was injured,” the decision says.
Vincent was blindfolded and was supposed to be led around the fieldhouse by a partner not wearing a blindfold. He argues the noise made it unable to understand what “anyone was saying” and the teacher should have realized it would be difficult or impossible for him to hear his partner.
During the exercise, blindfolded students are told to walk in a straight line, with the help of their partner. That partner was there to ensure the blindfolded student wouldn’t get hurt, the teacher testified.
Foreman-Ante started running, despite the school arguing he was told not to, and went twice as far as he was supposed to. He says he heard no instructions and ran into a wall.
The case will continue, with the noise level in the fieldhouse becoming the key point. Another student said it was “extremely loud” but Foreman-Ante testified he could not recall if it was so loud that he felt he couldn’t hear his partner.
The second major issue will be whether the teacher instructed students to run.