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. JUSTICE MORAN, concurring in the decision:
GeneraHy, a school district should not be held liable for all activities that may take place on its premises. Under the facts of this case, however, it is clear that the powder puff football game had, as pointed out in the dissent, “formerly been a part of the school program.” It is my opinion that the district, through its principal, was, in light of such precedent, required to take more consistent and positive action to overcome implied acquiescence and thereby absolve itself from liability.