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Thursday, April 24, 2014

School Not Liable for Student's Death Caused by Dangerous Game

Parents of a middle school student sued the school district after their son collapsed and died after playing a game with other students called "body shots" where students take turns punching each other in the chest, abdomen, and ribs.  The parents claimed that the student's death was the result of wilful and wanton conduct on the part of the district.  

The court dismissed the case, and ruled in favor of the school district. Brooks v. McLean County District Unit 5 (April 18, 2014).  Although the court did find that the school district had a duty to supervise the students and was on notice that students had been injured playing this game in the past, the court did not find that the conduct of the school district rose to the level of wilful and wanton conduct.  As a result, the district was protected by the Tort Immunity Act, and the case was properly dismissed.


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