Barr v. Cunningham

In 2010, plaintiff (age 15) was playing floor hockey with 11 other students in his physical education class when a “squishy” ball bounced off his stick and hit him in the eye, causing permanent injury to his eye. Plaintiff alleged that Cunningham, the instructor, was willful and wanton in failing to require the students to wear protective eyewear. Goggles were available, but plaintiff testified that he probably would not have worn them, had he been aware that they were an option. Cunningham testified that she thought the use of plastic sticks and squishy balls negated the need for goggles and that there were safety rules in place. Defendants asserted affirmative defenses alleging statutory immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, 3-108. The trial court directed a verdict for defendants. The appellate court reversed. The Illinois Supreme Court reversed, reinstating the directed verdict. There was no evidence that defendants were aware of facts which would have put a reasonable person on notice of the risk of serious harm from the activity, which would have triggered the “willful and wanton” exception to the Act. View "Barr v. Cunningham" on Justia Law