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Trotter v. School District 2186/30/2000
Appeal from the Circuit Court of Cook County Honorable Arthur A. Sullivan, Judge Presiding.
Plaintiff, Elgia (Lee) Trotter, Jr., brought this wrongful death action against defendants, School District 218 (District 218) and Dale Janssen (Janssen) following the drowning death of his 14-year-old son, Nathaniel, during freshmen swimming class at Richards High School. Plaintiff's amended complaint contained three counts. Counts I and II of plaintiff's amended complaint sought damages for willful and wanton conduct pursuant to the Wrongful Death Act, (740 ILCS 180/1 et seq. (West 1996)). Count III sought damages for funeral expenses. Defendants claimed immunity from any liability under section 3-108 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) ( 745 ILCS 10/1-101 et seq. (West 1996)). Defendants also argued for summary judgment in that plaintiff failed to show willful and wanton conduct and that defendants were entitled to discretionary public official immunity.
The trial court made two separate rulings. The trial court first found that defendants were not entitled to immunity under section 3-108(a) of the Tort Immunity Act for the alleged willful and wanton supervision of Nathaniel during swimming class. 745 ILCS 10/3-108(a) (West 1996). The trial court, however, certified the following questions for interlocutory appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308):
"(1) Whether section 3-108 immunity can be used by defendants to immunize what is alleged to be willful and wanton conduct by a certified teacher in the supervision of a required physical education swimming class in light of the chool ode and doctrine of in loco parentis immunity;
(2) Are the actions of non-certified student guard, under the supervision of a certified teacher, entitled to section 3-108 immunity[?]"
We allowed leave to appeal these certified questions under Supreme Court Rule 308. 155 Ill. 2d R. 308.
The trial court's second set of orders subject to this appeal granted defendants' summary judgment motion in part as to six allegations within plaintiff's amended complaint and denied plaintiff's motion to file a second amended complaint. The court found that plaintiff failed to present evidence of willful and wanton conduct as a matter of law on three of those allegations and that defendants were entitled to "discretionary/public official immunity" on the remaining three allegations. 745 ILCS 10/2-201 (West 1996). The trial court made its order granting partial summary judgment to defendants final and appealable under Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)). The court also denied plaintiff's motion to file a second amended complaint and found no just reason to delay appeal of this order. Plaintiff therefore appeals from the orders granting partial summary judgment in favor of defendants and denying his motion to file a second amended complaint. We have jurisdiction under Supreme Court Rule 304(a). 155 Ill. 2d R. 304(a).
We answer both certified questions in the affirmative and, accordingly, reverse the trial court's denial of summary judgment for the defendants on the issue of defendants' immunity under preamended section 3-108 of the Tort Immunity Act. We find defendants are entitled to immunity under preamended section 3-108 for the allegations in plaintiff's amended complaint of willful and wanton misconduct in the supervision of a physical education swimming class under the preamended Tort Immunity Act which applies to this case. We also affirm the trial court's grant of summary judgment to the defendants on paragraphs 10(f),(g),(i), (j) and (k) of plaintiff's amended complaint. We revers
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