Leja v. Community Unit School District 300

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (2d) 120156
Decision Date: 
November 6, 2012
2d Dist.
McHenry Co.
High school student sued for injuries sustained in school gym when a volleyball net crank she was turning either broke loose or snapped back and struck her in the face. For purpose of alleging willful and wanton conduct, a warning label is not sufficient to put a defendant on notice that a product poses a high risk of injury, and instructing a student to use a product without first directing her to read instructions is not sufficient for willful and wanton conduct. Plaintiff failed to contain minimally sufficient allegations of fact to infer that Defendant school district was, when it instructed student to operate crank, conscious of any danger posing high probability of serious physical harm. (SCHOSTOK and BIRKETT, concurring.)