Does your claim allege educational malpractice?

If so, it's probably going nowhere, even if you don't call it by that name. So write Judge James Fitzgerald Smith and Julia Illman Maness in the latest Trial Briefs, newsletter of the ISBA Civil Practice & Procedure Section.

"A claim for negligence against teachers and educational institutions for the quality of education received sounds in the tort of educational malpractice," they write. "This tort, also described as educational negligence, is not cognizable in Illinois."

They go on to discuss the Illinois Appellate Court's recent ruling in Waugh v. Morgan Stanley and Co., Inc.. In Waugh, the plaintiff alleged that a flight instructor negligently trained a pilot. Read Smith's and Maness's analysis.

Posted on August 16, 2012 by Mark S. Mathewson

Login to post comments