High school student collapsed and died during class. Teacher told 2 students to go on foot to get school nurse but, contrary to existing school policy, teacher did not have someone call 911 for another 7 to 20 minutes. Autopsy listed asthma as cause of death. As teacher failed to follow existing policy, and teacher did not make a policy determination, court properly denied School District's motion for summary judgment on issue of absolute immunity, and properly allowed case to proceed to trial. Jury verdict for $2.5 million in favor of student's estate. Evidence supported School District's willful and wanton finding; jury may have found determinative teacher's inaction of waiting 7 to 20 minutes to call or have someone call 911.(SCHOSTOK and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Tort Immunity Act