Choice v. YMCA of McHenry County
976 N.E.2d 584
Ill. App. Ct.2012Background
- Drowning deaths of three high school students during a YMCA Camp Algonquin paddleboat outing on Fox River, after missing drain plugs allegedly caused boats to fill with water.
- 31 Lawndale High School students attended a weeklong ethical leadership program; supervisors allegedly violated chaperone ratios.
- Paddleboats were stored near the Fox River with drain plugs missing; question of whether the river was supervised by the defendants.
- Nov. 14, 2008 incident occurred when students sneaked from Ward House and used YMCA paddleboats; others attempted to rescue the swimmers.
- Choice estates sued YMCA, Lawndale High School, Board, and Visionquest; Williams sued for negligent infliction of emotional distress; cases consolidated.
- Trial court granted dismissal against school defendants, finding 3-110 Tort Immunity Act immunity; Yemen Vue (Visionquest) not appealing; on appeal, the issue is the scope of immunity and whether willful/wanton standards apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of immunity statute | Choice argues 3-109 governs (willful/wanton exception) | School defendants contend 3-110 applies (absolute immunity) | 3-110 applies; absolute immunity for school defendants |
| Nonriparian entities protection | 3-110 should cover landlocked entities | 3-110 limited to riparian neighbors | 3-110 may apply to landlocked entities; injury location governs immunity |
| Whether Fox River supervision mattered | School defendants supervised the river; immunity may be defeated | Fox Waterway Agency supervised the river; schools did not supervise the river | School defendants did not supervise the Fox River for 3-110 purposes; immunity remains |
| Willful and wanton conduct standard | Willful/wanton claims survive under 3-109 or 3-110 | No willful/wanton conduct shown; immunity or lack thereof unresolved | Even if applicable, plaintiffs fail to establish willful/wanton conduct by the school defendants |
| Constitutionality as applied | 3-110 violates equal protection/special legislation and certain remedy clauses | Statute rationally related to legitimate state interest; no remedy clause violation | 3-110 as applied constitutional; rational basis upheld |
Key Cases Cited
- Burdinie v. Village of Glendale Heights, 139 Ill.2d 501 (1990) (water activities immunity analysis under 3-109)
- DeSmet v. County of Rock Island, 219 Ill.2d 497 (2006) (willful/wanton exceptions not read into immunity statutes absent explicit language)
- Ries v. City of Chicago, 242 Ill.2d 205 (2011) (reaffirmed no read-in willful/wanton exceptions where not stated)
- Chicago Flood Litigation, 176 Ill.2d 179 (1997) (constitutional limits on immunity statutes; no implied exceptions)
- Frayne v. Dacor Corp., 362 Ill.App.3d 575 (2005) (supervision under 3-110 requires actual control over access to water)
- McCoy v. Illinois International Port District, 334 Ill.App.3d 462 (2002) (location of injury vs. entity proximity; 3-110 scope)
- Steinbach v. CSX Transportation, Inc., 393 Ill.App.3d 490 (2009) (whether activity conducted on public property affects 3-109 application)
- Ostergren v. Forest Preserve District, 104 Ill.2d 128 (1984) (public funding/public liability balanced under immunity provisions)