Stiff v. Eastern Illinois Area of Special Education

666 N.E.2d 343, 279 Ill. App. 3d 1076, 216 Ill. Dec. 893, 1996 WL 281862
CourtAppellate Court of Illinois
DecidedMay 29, 1996
Docket4-95-0387
StatusPublished
Cited by11 cases

This text of 666 N.E.2d 343 (Stiff v. Eastern Illinois Area of Special Education) 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
Stiff v. Eastern Illinois Area of Special Education, 666 N.E.2d 343, 279 Ill. App. 3d 1076, 216 Ill. Dec. 893, 1996 WL 281862 (Ill. Ct. App. 1996).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In July 1994, plaintiffs, Deana S. Stiff, as mother and next friend of Kacey L. Stiff, and Harold M. Stiff, filed an amended complaint against defendants Eastern Illinois Area of Special Education (EIASE), a special education organization consisting of several school units, and Sharon Kayle Grewell, Jeffrey N. Reynolds, John E. Held-man, Pamela S. Richardson, Susan Sprind, and James A. Bossert, teacher employees of EIASE, alleging that defendants’ actions during a field trip where Kacey sustained a leg injury were negligent and constituted willful and wanton conduct. In February 1995, a jury trial was held. At the close of plaintiffs’ evidence, the trial court granted a directed verdict as to the willful and wanton counts, and the jury subsequently found defendants liable in negligence.

Defendants appeal, arguing that (1) section 24 — 24 of the School Code (Code) granted them immunity from plaintiffs’ negligence claims (Ill. Rev. Stat. 1989, ch. 122, par. 24 — 24); (2) sections 2 — 201 and 2 — 109 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) granted them immunity from plaintiffs’ negligence claims (Ill. Rev. Stat. 1989, ch. 85, pars. 2 — 201, 2 — 109); (3) sections 2 — 202 and 2 — 109 of the Act granted them immunity from plaintiffs’ negligence claims (Ill. Rev. Stat. 1989, ch. 85, pars. 2 — 202, 2 — 109); and (4) the trial court erred by denying defendants’ motions for directed verdict and judgment n.o.v. Plaintiffs cross-appeal, arguing that the trial court erred by allowing defendants’ motion for directed verdict as to the willful and wanton counts.

Because we agree with defendants’ first argument and disagree with plaintiffs’ argument, we affirm in part, reverse in part, and remand with instructions.

I. BACKGROUND

In May 1991, plaintiffs filed their initial complaint, alleging that defendants’ failure to properly supervise the activities of the students was negligent and constituted willful and wanton conduct. In July 1991, defendants moved to dismiss all counts of that complaint. The trial court subsequently denied that motion, and defendants appealed. This court in Stiff v. Eastern Illinois Area of Special Education, 251 Ill. App. 3d 859, 621 N.E.2d 218 (1993), affirmed the trial court’s denial of defendants’ motion to dismiss and remanded the case to the trial court for a determination of the sufficiency of the pleadings on the issue of negligence in light of the supreme court’s decision in Cates v. Cates, 156 Ill. 2d 76, 619 N.E.2d 715 (1993), which partially abrogated parental immunity.

Upon remand, plaintiffs filed an amended complaint, and defendants moved to dismiss all counts of that complaint. The trial court denied that motion, specifically finding that immunity pursuant to section 24 — 24 of the Code did not attach to defendants "because of the Appellate Court’s decision [(Stiff)] in which they applied the Cates versus Cates decision *** to the circumstances of this case.”

At the trial, the evidence showed the following. During 1989 through 1991 school years, Kacey, who is an epileptic, was enrolled in a special education program at the treatment and learning center, which operates under the auspices of EIASE. Sharon Grewell was Kacey’s teacher and Jeffrey Reynolds was her adaptive physical education teacher.

Grewell, Reynolds, and Kacey’s parents participated in several planning conferences, during which they chose programs designed to improve Kacey’s balance and coordination. Through participation in various exercises, Kacey became capable of performing some maneuvers on playground equipment while her teachers stood close by, just outside of her arms’ reach.

In October 1990, when Kacey was seven years old, defendants took Kacey and five other students on a field trip to a state park. While hiking on a trail, the group came upon a bridge which had a fallen tree lying across the handrails. The tree was between 21/z to 3 feet from the floor of the bridge. Beyond the tree there was a step, which dropped down six to eight inches to the next level of the bridge.

Reynolds unsuccessfully attempted to lift or move the tree. James Bossert, Kacey’s crisis interventionist, tried to help Reynolds, but their joint efforts were unsuccessful in moving the tree. The EIASE staff members present in the park — Reynolds, Bossert, John Held-man (a teacher’s assistant), Pamela Richardson (a teacher’s assistant), and Susan Sprind (a student teacher) — then conferred and decided it was safe to proceed under the tree to cross the bridge.

Reynolds and Bossert crossed the bridge first, and the four male students followed. A female student crossed next, followed by Grewell and Kacey. As Grewell approached the tree, Kacey was behind her. Grewell went under the tree and stepped forward. Kacey then went under the tree as Heldman followed behind her. Sprind and Richardson were behind Heldman.

Grewell turned back and watched Kacey walk to the edge of the step on the bridge with her right hand on the handrail. Kacey extended her left hand behind her. There was a distance of a few inches between her hand and Heldman, who had just proceeded under the tree. Kacey took a step, her leg buckled under her, and she slipped off the bridge under the handrail. Kacey fell four to six feet into a creek bed and fractured her left femur. At the time of the fall, Grewell was approximately halfway across the bridge and Reynolds, having crossed the bridge, was already on the trail.

At the close of plaintiffs’ evidence, defendants moved for a directed verdict as to all counts of the complaint. The court granted the motion as to the willful and wanton counts, but denied the motion as to the negligence counts. Defendants renewed the motion as to the negligence counts at the close of all evidence, but the court again denied it.

II. ANALYSIS

A. Immunity Pursuant to the School Code

Defendants first argue that section 24 — 24 of the Code grants them immunity from plaintiffs’ negligence claims. We agree.

Section 24 — 24 of the Code provides as follows:

"Teachers and other certified educational employees shall maintain discipline in the schools, including school grounds which are owned or leased by the board and used for school purposes and activities. In all matters relating to the discipline in and conduct of the school and the school children, they stand in the relation of parents and guardians to the pupils. This relationship shall extend to all activities connected with the school program, including all athletic and extracurricular programs, and may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians.” (Emphasis added.) Ill. Rev. Stat. 1989, ch. 122, par. 24 — 24.

In Kobylanski v. Chicago Board of Education, 63 Ill.

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Bluebook (online)
666 N.E.2d 343, 279 Ill. App. 3d 1076, 216 Ill. Dec. 893, 1996 WL 281862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stiff-v-eastern-illinois-area-of-special-education-illappct-1996.