# Henrich v. Libertyville High School

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

URL: https://www.frixlaw.com/law-library/cases/9720470

## 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 Rathje
- **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/9720470

## 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 RATHJE, also dissenting:
I agree with the legal analysis set forth in Justice Harrison’s dissent to the majority’s original opinion. Unlike Justice Harrison, however, I would not ascribe an “utter disregard for children” to my colleagues in the majority simply because they reach a conclusion different from my own.
I also agree with Justice Harrison’s supplemental dissent that the Illinois Constitution in no way precludes the application of the amended section 3 — 108 to this case. I likewise dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720470. Public record. Not legal advice.