# Henrich v. Libertyville High School

> Illinois Supreme Court · June 1, 1999 · 186 Ill. 2d 381

URL: https://www.frixlaw.com/law-library/cases/9720469

## Case

- **Full name:** JOSHUA A. HENRICH, by His Mother and Next Friend, Judith Henrich, Appellant, v. LIBERTYVILLE HIGH SCHOOL Et Al., Appellees
- **Court:** Illinois Supreme Court
- **Decided:** June 1, 1999
- **Citations:** 186 Ill. 2d 381; 238 Ill. Dec. 576; 712 N.E.2d 298
- **Precedential status:** Published
- **Opinion:** Dissent by McMORROW
- **Judges:** Freeman, Heiple, Harrison, Nickels, McMorrow, Rathje
- **Cited by:** 239 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9720469

## How later opinions describe it (automated extraction)

- holding that defendants were immune from liability for “ordinary negligence” but not for “willful and wanton misconduct”
- noting that courts “cannot restrict or enlarge the meaning of an unambiguous statute” or “rewrite statutes to make them consistent with the court’s idea of orderliness and public policy”
- holding the defendant school district had a “vested right” to the immunity provided by the statute before the amendment
- finding a school district’s right to the total immunity as a defense vested when the cause of action accrued

## Opinion text

JUSTICE McMORROW, also dissenting:
The General Assembly’s amendment to section 3 — 108 of the Tort Immunity Act (745 ILCS 10/3 — 108 (West 1994)), effective December 2, 1998, excludes willful and wanton conduct from the immunity granted by the statute. The amendment further fortifies the conclusion I advocated in this opinion and elsewhere (see Barnett v. Zion Park District, 171 Ill. 2d 378, 399 (1996) (McMorrow, J., dissenting)), namely, that our legislature never intended to immunize willful and wanton conduct in the immunity provisions of section 3 — 108.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720469. Public record. Not legal advice.