Haase v. Kankakee School District 111
2024 IL App (3d) 230369-U
| Ill. App. Ct. | 2024Background
- Riley Haase, a student, was injured during a gym class at Kankakee Junior High School when another student (Student A) aggressively tackled him.
- Student A had a documented history of disciplinary issues, including multiple instances of physical aggression.
- Plaintiffs (Riley and his parent Kevin) alleged PE teacher Dayhoff failed to properly supervise despite knowing Student A was a risk.
- Defendants (the school district and Dayhoff) moved for summary judgment, arguing tort immunity under the Tort Immunity Act and insufficient evidence of willful and wanton conduct.
- The trial court granted summary judgment to defendants, finding immunity applied and no genuine issue of material fact existed.
- The appellate court reversed, finding disputed factual issues precluded summary judgment and remanded the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Section 2-201 Tort Immunity | Dayhoff was not supervising, so did not exercise discretion | Dayhoff exercised discretion in supervising and class policies | Disputed facts; summary judgment improper |
| Willful and Wanton Conduct (Sec. 3-108) | Failure to supervise amid known risk equals willful/wanton | Level of supervision never amounts to willful/wanton as matter of law | Disputed facts make summary judgment improper |
| Family Expense Act Liability | Parent is entitled to medical damages from tortfeasor | Family Expense Act doesn’t impose liability here | Act applies; claim is derivative, so survives with other count |
| Standard for Summary Judgment | Material facts are in dispute | No genuine issue; defendants entitled to judgment | Disputed facts exist; summary judgment reversed |
Key Cases Cited
- Andrews v. Metro. Water Reclamation Dist. of Greater Chicago, 2019 IL 124283 (examined requirements for discretionary immunity under Tort Immunity Act)
- Cohen v. Chicago Park District, 2017 IL 121800 (establishes factual determination of willful and wanton conduct usually for jury)
- Mashal v. City of Chicago, 2012 IL 112341 (summary judgment standard: facts viewed in light most favorable to opponent)
- Adames v. Sheahan, 233 Ill. 2d 276 (discusses summary judgment’s appropriateness when material facts are disputed)
- Wright-Young v. Chicago State Univ., 2019 IL App (1st) 181073 (defines exercise of discretion and policy determinations for immunity)