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Kohn v. Darlington Community Schools7/1/2005
aves the statute, when exactly does the majority think the design specifications were made for the bleachers? During construction? After construction?
The conduct is clearly alleged to have occurred "prior to . . . the improvement." See id. Because that conduct is not protected while other conduct is, the statute is under-inclusive under the majority's own reasoning.
I would therefore affirm the decision of the court of appeals. For the foregoing reasons, I respectfully dissent.
I am authorized to state that Chief Justice SHIRLEY S. ABRAHAMSON joins this dissent.
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