prior to "powderpuff" football game, teachers conducted practice sessions, warned girls that football could be " 'rough,' " and advised them to wear mouth guards, but teachers did not provide any safety equipment
How later courts described this case
- prior to "powderpuff" football game, teachers conducted practice sessions, warned girls that football could be " 'rough,' " and advised them to wear mouth guards, but teachers did not provide any safety equipment
- "The evidence does not demonstrate an utter and conscious disregard for the safety of the [students], simply insufficient precautions for their protection."
- even inadequate sports supervision did not rise to level of willful and wanton conduct
- " 'A willful or wanton injury must have been intentional or the act must have been committed under circumstances exhibiting a reckless disregard for the safety of others * * *.' " (quoting Klatt v. Commonwealth Edison Co. , 33 Ill. 2d 481 , 488, 211 N.E.2d 720 (1965) )
Written by the judges who cited it.
The opinion
MR. CHIEF JUSTICE GOLDENHERSH, concurring in the decision:
I agree with the appellate court that on this record the judgment should be affirmed. As noted by the appellate court, instructions adapted from Illinois Pattern Jury Instructions, Civil, No. 50.04 and No. 50.06 (2d ed. 1971), were given without objection from the defendant. (See 72 Ill. App. 3d 317, 322 .) In order to return a general verdict in favor of the plaintiff the jury was required to determine that at the time of the occurrence defendant’s employees were acting within the scope of their authority. The evidence was conflicting and there was enough evidence to support the jury’s verdict.