(Surveillance Video, KUSD)
KENOSHA, Wis. — Kenosha resident Doris Marshall says she suffered a head injury and a ruptured eardrum after a water bottle thrown by Kenosha Unified School District executive William Haithcock struck her during a 2023 graduation ceremony, and now Kenosha Unified School District is spending tens of thousands of taxpayer dollars appealing the lawsuit she filed over the incident.
(File Photo by Kevin Mathewson, Kenosha County Eye)
The case stems from the June 5, 2023 Bradford High School graduation ceremony at Indian Trail High School. According to court filings, Haithcock, the district’s chief of school leadership, tossed an unopened plastic water bottle roughly 15 feet toward a group of people after the ceremony. Marshall alleges the bottle struck her in the head and ear, causing serious injuries and significant medical expenses.
Marshall later filed a civil lawsuit against Kenosha Unified School District and Haithcock seeking compensation for those injuries.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Instead of resolving the dispute, the district and Haithcock are now asking the Wisconsin Court of Appeals to dismiss the case, arguing they are protected by governmental immunity under Wisconsin law.
Kenosha County Circuit Court Judge David P. Wilk previously rejected that argument and allowed the lawsuit to proceed. The judge ruled that the “known and compelling danger” exception to governmental immunity could apply under the circumstances.
Court records show the district appealed that ruling after Wilk denied its request for summary judgment.
In its appellate filing, the district argues Haithcock was exercising discretion when he tossed the bottle toward the group after someone asked for water and that such discretionary acts by government employees are generally protected from lawsuits under Wisconsin law.
Marshall’s attorneys argue the opposite, saying throwing a hard, unopened bottle into a group of people — some of whom were not expecting it — created an obvious and dangerous risk of injury.
Video footage of the incident exists and is referenced in court filings, though the parties dispute what it shows and whether anyone in the group asked for the bottle to be thrown.
The district’s decision to pursue the appeal has drawn criticism from some members of the community who believe the legal fight is an unnecessary use of taxpayer money.
Some residents argue the district should have simply paid Ms. Marshall’s medical bills and provided additional compensation for pain and suffering rather than continuing a lengthy legal battle.
Instead, critics say the district is likely spending — and could continue spending — tens of thousands of dollars on attorneys and appellate litigation.
If the case ultimately proceeds to a jury trial, legal observers say the total cost to taxpayers could reach $50,000 to $100,000 or more once legal fees, expert witnesses, and trial preparation are included.
The Wisconsin Court of Appeals will now decide whether the lawsuit filed by Doris Marshall against Kenosha Unified School District and William Haithcock can move forward toward trial or whether the district is shielded by governmental immunity.
18 Responses
1# wtf a tossed water bottle caused this much damage, sounds super suspicious.
#2 the person who threw it should be responsible, not the taxpayers.
#3 Just another reason to get rid of public schools and go 100% private. The internet, Google and a good babysitter can provide an equal ot better education than the current test scores across the state are showing. look up Ron Paul Curriculum. Its a great start
What was the purpose of throwing the bottles in the 1st place ?
Looks like a drama queen, gold digger to me.
Looks like negligence, would he pass out books in a classroom the same way.
POS rat out looking for money along with her rabid lawyer. Trash.
Why was the suit against the school system not dismissed in the first place? Certainly it can’t be argued that he was representing the district by throwing a water bottle.
Didn’t even knock her over. Fraud
How many lawsuits does KUSD have against them ? I know of 11. Please tell us more
She should also sue the water bottle company for hard plastic and the state of Wisconsin for having a school on that property and then sue the US for allowing Wisconsin to be a state…
Wow…so broken…
Don’t forget, sue the company that sold the water to the company, add that one in there also. If this case fails, she’ll claim RACISM! The only reason he did this is because he’s white and she is black!!!!!!
This should have been thrown, pun intended, out of court instantly. Defending KUSD in anything is hard nowadays, but just viewing the video, it’s very obvious that there was no intent to injure or cause pain. He tosses it to some moron who couldn’t catch it and it ACCIDENTALLY hits someone else. PUHLEASE….
KUSD, me, should not have to pay ANY medical expenses, NOR to continue this waste of taxpayer $$$. Toss this crap out.
Spend the mon6on the metal detectors you voted on.
Money oops
Define negligence you fools, so if his secretary comes into his office ask to use his stapler it’s ok to toss it across the room. Just another case of common sense should prevail but the lost 30% of our population has none. I would also say he should personally be held accountable not one dime of taxpayer money should go for stupidity. The teachers dole out most of that.
They armed him with a coffee cup when he was ad Bullen to help protect the students 2 weeks ago
If the fat and lazy idiot had just walked 15 feet no issue so much for manners!
Why the body shaming though? Does it make you feel better to put a random stranger down?
Not saying he should or should not have TOSSED a water bottle but come on. The kid clearly was like “hey toss me a water” and was attempting to catch it. (Bad toss and bad catch). You can’t even clearly see in this video if it actually hits anyone. I’ve watched it numerous times. He is not intentionally throwing something at her to cause harm. If tax payers should be upset with anyone it should be her for trying to milk money out of a public school for clearly an accident. No way it did any damage. I’ve seen those videos of people that tie a water bottle to the fan and try to dodge it blindfolded. I think we were all hit harder in gym by the dodgeball. This is ridiculous. Everyone is so freaking sue happy these days. Get a job 😒