Tort Immunity Act | 1st Dist.
Mulvey v. Carl Sandburg High School, 2016 IL App (1st)
151615 (October 28, 2016) Cook Co., 6th Div. (DELORT) Affirmed.
151615 (October 28, 2016) Cook Co., 6th Div. (DELORT) Affirmed.
Parents filed suit against high school and district officials and basketball
coaches for injuries their daughters allegedly sustained as result of school
bullying. Court properly granted Defendants’ motion for judgment on pleadings
as to counts for breach of contract, and dismissed count for willful and wanton
conduct. Student handbooks, as to anti-bullying policy, do not create offer
sufficient to support valid contract between the parties. Implementation of
disciplinary policy involves more than a ministerial task. Discretionary
activity provision of Tort Immunity Act bars claim.(HOFFMAN and ROCHFORD,
concurring.)