School district not liable to student injured during physical education class

Law Reporter, May 2002

Arteman v. Clinton Cmty. Unit Sch. Dist. No. 15, 763 N.E.2d 756 (Ill. 2002).

The Illinois Supreme Court held that under the Local Governmental and Governmental Employees Tort Immunity Act, 745 Ill. Comp. Stat. 2-201, a school district is immune from liability for a student's injuries allegedly caused by the district's decision not to provide roller-blade safety equipment during physical education class. That statute grants public employees immunity for injuries resulting from a policy determination that involves the exercise of discretion.

Here, Arteman, a high school student, broke his leg while roller blading during gym class. Arteman and his father sued the school district, alleging it was negligent in not providing roller-blade safety equipment for the class. The trial court granted defendant's motion to dismiss. The intermediate appellate court reversed, holding that although (sec) 2-201 provides defendant immunity against the plaintiffs' allegations because not providing roller-blade safety equipment was a discretionary act, this immunity is trumped by case law recognizing an obligation for school districts to provide safety equipment to protect against serious, foreseeable injuries.

Reversing the lower appellate court, the state high court acknowledged that defendant has a duty to provide safety equipment to public school students. Although public policy considerations weigh strongly against any interpretation of the statute that would relax this duty, the court found the language of 2-201 unambiguous and said the decision not to provide roller-blade safety equipment to Arteman's class is a discretionary policy determination. Consequently, the court concluded, 2-201 insulates defendant from liability.