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Etheredge v. Richland School District One

6/26/2000

swer as an admission that the School District had notice, before the shooting, of the problems between Dunlap and Floyd. We agree.


Paragraph three (3) of the School District's answer states:


The Defendant admits that Earnest Dunlap, III was shot and killed while attending Eau Claire High School as a student. The Defendant further admits that prior to this incident, Ernest Dunlap, III's actions toward the pupil who shot him created a belief by that pupil that such pupil was in imminent danger of losing his life or sustaining serious bodily injury .


There is no indication from this language that the School District knew about the specific problems between these two students. Nor is there an admission that the School District had advance notice that a shooting was about to happen. The answer merely attempts to state the belief of Floyd.


Based on the foregoing, the Court of Appeals is REVERSED.






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