Kessler v. Board of Education of the City of Chicago

Plaintiff, in her individual capacity and as mother and next friend of her minor son, appealed from two orders of the circuit court dismissing her lawsuit which sought damages for injuries suffered by her son in a high school football game. The trial court granted summary judgment on plaintiff’s claims alleging willful and wanton conduct and granted a motion to dismiss plaintiff’s claims for negligence. The appellate court affirmed the grant of summary judgment but reversed the grant of the motion to dismiss, explaining that the facts of the case, including the defendant’s compliance with providing equipment required by regulatory authorities, precluded a finding that the defendant engaged in willful and wanton behavior, but that the defendant was not entitled to dismissal based on the affirmative matter of immunity because plaintiff presented enough evidence to create a triable issue of fact as to whether the immunity exception of the Local Government and Governmental Employees Tort Immunity Act applied. (GAMRATH and HYMAN, concurring)