Henrich v. Libertyville High School

I agree that section 3 — 108(a) of the Tort Immunity Act (745 ILCS 10/3 — 108(a) (West 1994)) contains no exception for willful and wanton misconduct. In my view, however, the majority’s discussion of the relationship between section 3 — 108(a) and section 24 — 24 of the School Code (105 ILCS 5/24 — 24 (West 1994)) is fundamentally flawed. Section 24 — 24 is the controlling provision in this case, not section 3 — 108(a), and under section 24 — 24, count I of plaintiffs complaint asserts a viable claim against the school district for willful and wanton misconduct.

In count I plaintiff seeks to…