Supreme Court of Illinois

In a suit on behalf of a boy who was sexual assaulted by another student while riding on a school bus, dismissal of the claim is reversed where: 1) a statutory provision grants governmental immunity for injuries resulting from a failure to supervise an activity, but creates an exception where there is willful and wanton conduct; 2) the allegation that an attendant who was scheduled to ride on the bus along with the driver called in sick and no replacement was provided was sufficient to plead willful and wanton conduct as an exception to the supervisional immunity.

Appellate Information

• Decided 11/18/2004
• Published 11/18/2004

Judges

• Justice KILBRIDE delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Hinshaw & Culbertson, L.L.P., Chicago (Stephen R. Swofford, Dan L. Boho, Christine L. Olson and Peter H. Carlson, of counsel), for appellant., Mara S. Georges, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Sara K. Hornstra, of counsel), for amicus curiae City of Chicago., Heidi A. Katz and Cynthia M. Masbaum, of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, for amici curiae Illinois Association of School Boards and Illinois Association of School Administrators., Roger Huebner, Springfield, for amicus curiae Illinois Municipal League.


• For Appellees:
  
• Michael W. Rathsack, Chicago, for appellee.