Barr v. Cunningham

Illinois Supreme Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2017 IL 120751
Decision Date: 
Thursday, March 23, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
BURKE

Plaintiff filed suit for injuries sustained during high school physical education class. Court entered directed verdict for Defendants, after all evidence hear at jury trial. No evidence introduced at trial that Defendants were aware of facts which would have put a reasonable person on notice of risk of serious harm from activity. Court did not err in directing verdict on issue of supervisory immunity, as no jury could find for Plaintiff on issue of willful and wanton conduct.(KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and THEIS, concurring.)