Palmer v. Mt. Vernon Township High School District 201

662 N.E.2d 1260, 169 Ill. 2d 551, 215 Ill. Dec. 120, 1996 Ill. LEXIS 6
CourtIllinois Supreme Court
DecidedJanuary 18, 1996
Docket78875
StatusPublished
Cited by23 cases

This text of 662 N.E.2d 1260 (Palmer v. Mt. Vernon Township High School District 201) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Mt. Vernon Township High School District 201, 662 N.E.2d 1260, 169 Ill. 2d 551, 215 Ill. Dec. 120, 1996 Ill. LEXIS 6 (Ill. 1996).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

In this appeal, we consider the scope of a school district’s liability for injuries sustained by a student during a school-sponsored basketball game. In February 1986, Donnell Palmer (hereafter Donnell), then a senior at Mt. Vernon Township High School, was engaged in a practice session while a member of the school’s varsity basketball team. During the practice, Donnell was struck in the eye by another player. He suffered substantial injury from the incident, and eventually lost all vision in the injured eye. Donnell and his mother, Suzanne Palmer, filed suit in the circuit court of Jefferson County against the Mt. Vernon Township High School District (hereafter the school district) alleging that the school district breached, inter alia, its duty to warn students of the dangers of basketball and its duty to allow students to wear protective gear, such as eye wear, during athletic activities such as basketball.

Following a trial, the jury returned a verdict for the school district. However, the appellate court reversed judgment for the district and remanded the matter for a new trial. (269 Ill. App. 3d 1056.) The appellate court reasoned that certain jury instructions given by the trial court failed to adequately instruct the jury regarding the school district’s duty to warn students about wearing protective gear, and the district’s duty to allow students to furnish their own protective safety equipment. We granted the school district’s petition for leave to appeal (145 Ill. 2d R. 315) and reverse the appellate court’s decision.

Background

Donnell testified at trial that he first thought of wearing goggles during basketball activities a few years before he was injured. He knew that both professional basketball players and some members of opposing high school basketball teams wore protective eye wear during basketball games.

Donnell testified that an incident in December 1985 confirmed his belief that he should wear protective eye gear during basketball activities. That incident arose during a high school basketball tournament in which Donnell participated. During the tournament, Donnell was hit on the cheekbone by the elbow of an opposing player. However, he was not seriously injured on this occasion.

Donnell also stated that a few weeks later, one of his teammates, Eric Robinson, had protective eye wear called "Rec-Specs” during a basketball practice. Donnell borrowed the eye gear from Robinson and wore them during practice, in order to test the feel of the goggles. He stated that he had been wearing the goggles for 5 to 10 minutes during the practice when his coach, Lee Emery, told him to take them off before he hurt another player. Robinson’s testimony confirmed that Donnell wore the eye gear for approximately a half hour and was then told by coach Emery to remove them. Robinson stated that the coach said the goggles should be removed because they were a distraction.

After this incident, Donnell presumed that his coach would not allow him to wear protective eye gear. At a basketball practice session approximately a month later, on February 4, 1986, Donnell was poked in the left eye by another player’s finger. He sustained substantial eye injury as a result of the incident and eventually lost all sight in his eye.

Donnell stated that neither his coach nor any other high school or district official told him that he could provide his own eye wear during basketball activities. Donnell also stated that he had not seen any of his teammates use protective eye gear during games or practices. He further testified that he never informed his basketball coach, or any other official from the high school or the school district, that he feared an eye injury during basketball games or practice and therefore wanted to wear protective eye gear.

Coach Emery testified that he could not recall any basketball practice or session in the 1985-86 season in which Donnell wore protective eye gear. He also did not recall any practice session in January 1986 in which Donnell wore "Rec-Specs.” One of Donnell’s teammates, Tommy Hayes, similarly testified that he did not recall any instance when Donnell wore protective eye gear to practice, nor any incident where coach Emery told Donnell or any other player not to wear protective eye gear. Coach Jim Woodward, an assistant basketball coach during the 1985-86 season who was present at the January practice session, also testified that he never saw Donnell wearing goggles during a basketball game or practice, and that he never heard coach Emery tell Donnell to remove goggles during a basketball practice.

Coach Emery and coach Woodward testified that they were not aware of any Illinois high school that furnished protective eye wear to its basketball players. Coach Emery stated that eye injuries were rare, although he had witnessed a few during his coaching career. The coach testified that Mt. Vernon Township High School basketball games during the 1985-86 season were governed by the official rules published by the National Federation of State High School Associations, and that these rules did not require the use of protective eye wear. The rules also do not specifically prohibit the use of protective eye wear, unless the referee judges such equipment to be a danger to any of the players. Coach Emery testified that he did not remember an instance where a basketball player requested to wear protective eye gear, but that he would permit a player to do so if the player feared an eye injury.

Based upon this evidence, the jury returned a verdict for the school district. The appellate court reversed and remanded for a new trial, and we allowed the school district’s petition for leave to appeal.

Analysis

The appellate court reversed the jury’s verdict in favor of the school district and remanded for a new trial because of perceived error in the trial court’s refusal to give the jury certain instructions offered by Donnell. The circuit court refused Donnell’s jury instructions that recited the following:

"Where students are engaging in school activities, it is the duty of the school district to exercise ordinary care to warn students that they should furnish their own equipment to prevent serious injuries.” Donnell’s jury instruction No. 15.
"Where students are engaging in school activities, it is the duty of the school district to exercise ordinary care to allow the students to use equipment to prevent serious injuries.” Donnell’s jury instruction No. 16.

However, the circuit court granted Donnell’s request to give the jury the following instructions:

"It was the duty of the defendant, before and at the time of the occurrence, to use ordinary care for the safety of the plaintiff. That means it was the duty of the defendant to be free from negligence.” Donnell’s jury instruction No. 13, Illinois Pattern Jury Instructions, Civil, No. 10.04 (3d ed. 1992) (hereafter IPI Civil 3d).

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Bluebook (online)
662 N.E.2d 1260, 169 Ill. 2d 551, 215 Ill. Dec. 120, 1996 Ill. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-mt-vernon-township-high-school-district-201-ill-1996.