Hill v. GALESBURG COM. UNIT SCHOOL DIST. 205

805 N.E.2d 299, 346 Ill. App. 3d 515, 281 Ill. Dec. 931
CourtAppellate Court of Illinois
DecidedFebruary 19, 2004
Docket3-02-1040
StatusPublished

This text of 805 N.E.2d 299 (Hill v. GALESBURG COM. UNIT SCHOOL DIST. 205) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. GALESBURG COM. UNIT SCHOOL DIST. 205, 805 N.E.2d 299, 346 Ill. App. 3d 515, 281 Ill. Dec. 931 (Ill. Ct. App. 2004).

Opinion

805 N.E.2d 299 (2004)
346 Ill. App.3d 515
281 Ill.Dec. 931

Joshua T. HILL and J.T. Hill, Plaintiffs-Appellants,
v.
GALESBURG COMMUNITY UNIT SCHOOL DISTRICT 205, a School District, Defendant-Appellee.

No. 3-02-1040.

Appellate Court of Illinois, Third District.

February 19, 2004.

*301 Grady E. Holley (argued), Holley & Rosen, Springfield, for J.T. Hill, Joshua T. Hill.

Brian S. Nelson (argued), Katz, Huntoon & Fieweger, P.C., Rock Island, for Galesburg Community Unit School District 205.

Justice LYTTON delivered the opinion of the court:

Plaintiffs, Joshua Hill and his father, J.T. Hill, sued Galesburg Community Unit School District (school district), alleging that the school district violated the Eye Protection in School Act (Eye Protection Act), which requires that students wear eye protection when participating in certain activities. 105 ILCS 115/1 (West 2002). The school district filed a motion to dismiss alleging that it did not violate the Eye Protection Act and that, in any case, it was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act. 745 ILCS 10/1-101 et seq. (West 2002). The trial court determined that the school district violated the Eye Protection Act, but that it was immune. We affirm in part, reverse in part and remand.

*302 Joshua Hill was a student attending Galesburg Senior High School. He was performing an experiment in chemistry class when a glass beaker exploded, causing an injury to his right eye. Joshua was not wearing eye protection at the time of the explosion.

Plaintiffs filed a four count amended complaint. Counts I and III alleged negligence by the school district, and counts II and IV alleged willful and wanton conduct by the school district. The school district filed a combined motion to dismiss pursuant to 735 ILCS 5/2-615 (West 2002) and 735 ILCS 5/2-619 (West 2002). The trial court initially dismissed the willful and wanton counts and denied the motion to dismiss the negligence counts. Plaintiffs then filed an amended complaint, and the school district renewed its motion to dismiss. The trial court granted the section 2-619 motion, dismissing all four counts based on section 2-201 of the Tort Immunity Act. 745 ILCS 10/2-201 (West 2002).

Our review of a section 2-619 dismissal is de novo. Arteman v. Clinton Community School District No. 15, 198 Ill.2d 475, 479, 261 Ill.Dec. 507, 763 N.E.2d 756 (2002).

I. The Eye Protection in School Act

We first consider whether the Eye Protection Act imposes a duty on (1) the school district to provide eye protection, and (2) the teacher to ensure that students are wearing eye protection before proceeding with the experiment. The Eye Protection Act provides in relevant part:

"Every student, teacher and visitor is required to wear an industrial quality eye protective device when participating in or observing any of the following courses in schools, colleges and universities: * * *
(b) chemical or combined chemicalphysical laboratories involving caustic or explosive chemicals or hot liquids or solids.
Such devices may be furnished for all students and teachers, and shall be furnished for all visitors to such classrooms and laboratories." 105 ILCS 115/1 (West 2002).

A. Duty to Provide Eye Protection

Our supreme court has held that school districts have a common law duty to provide safety equipment to students when engaged in activities that may be dangerous. Gerrity v. Beatty, 71 Ill.2d 47, 52, 15 Ill.Dec. 639, 373 N.E.2d 1323 (1978); Lynch v. Board of Education of Collinsville Community Unit District No. 10, 82 Ill.2d 415, 434, 45 Ill.Dec. 96, 412 N.E.2d 447 (1980); Palmer v. Mount Vernon Township High School District 201, 169 Ill.2d 551, 557, 215 Ill.Dec. 120, 662 N.E.2d 1260 (1996). The Eye Protection Act, however, specifically states that eye protection "may be furnished for all students and teachers." (Emphasis added.) 105 ILCS 115/1 (West 2002).

The primary rule of statutory interpretation is to ascertain and give effect to the intent of the legislature. Henrich v. Libertyville High School, 186 Ill.2d 381, 387, 238 Ill.Dec. 576, 712 N.E.2d 298 (1999). The best indicator of legislative intent is the language that the legislature used in the statute. In re Ben S., 331 Ill.App.3d 471, 472, 265 Ill.Dec. 174, 771 N.E.2d 1133 (2002). Legislative use of the word "may" indicates a permissive or directory reading, while use of the word "shall" indicates a mandatory meaning. People v. Reed, 177 Ill.2d 389, 393, 226 Ill.Dec. 801, 686 N.E.2d 584 (1997).

The plain language of the statute says that eye protection "may" be furnished to all students, giving school districts the option *303 to furnish eye protection for students and teachers. This permissive language negates the common law duty to provide safety equipment. See Miller v. Hill, 337 Ill.App.3d 210, 221, 271 Ill.Dec. 600, 785 N.E.2d 532 (2003) (noting that, "the legislature maintains the inherent authority to repeal or modify the common law and may eliminate all or part of it."). Under the Eye Protection Act, school districts have no duty to provide eye protection to students and teachers.

B. Duty to Ensure Eye Protection is Worn

Nonetheless, plaintiffs contend that even if the school district is not required to provide eye protection, the Eye Protection Act creates a duty in the teacher to ensure that students are wearing eye protection before proceeding with activities covered by the Eye Protection Act. The school district responds that although the Eye Protection Act requires that students wear eye protection, the responsibility is on the students themselves to ensure that they are protected.

In construing a statute to give effect to the intent of the legislature, the court may consider the reason and necessity for the statute and the evils it was intended to remedy. People v. McGee, 326 Ill.App.3d 165, 169, 260 Ill.Dec. 558, 761 N.E.2d 741 (2001). This is especially true when the statutory language is capable of two or more reasonable interpretations. Wal-Mart Stores, Inc. v. Industrial Commission, 324 Ill.App.3d 961, 967, 258 Ill. Dec.

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Related

Gerrity v. Beatty
373 N.E.2d 1323 (Illinois Supreme Court, 1978)
People v. Reed
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462 N.E.2d 877 (Appellate Court of Illinois, 1984)
Miller v. Hill
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Lynch v. BOARD OF EDUCATION OF COLLINSVILLE COMMUNITY UNIT DIST.
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In Re Marriage of Beyer and Parkis
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Henrich v. Libertyville High School
712 N.E.2d 298 (Illinois Supreme Court, 1999)
Kain v. Rockridge Community Unit School District
453 N.E.2d 118 (Appellate Court of Illinois, 1983)
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LONGFELLOW BY LONGFELLOW v. Corey
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People v. Ben S.
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Barnett v. Zion Park District
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People v. McGee
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Arteman v. Clinton Community Unit School District No. 15
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805 N.E.2d 299, 346 Ill. App. 3d 515, 281 Ill. Dec. 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-galesburg-com-unit-school-dist-205-illappct-2004.