American States Insurance ex rel. Community Unit School District No. 27 v. Flynn

Is a teacher immune from suit by a student for negligent injury?

Yes.

Is a student also immune from such suit by a teacher?

No.

The teacher-pupil immunity rule is a one-way street.

This case involves a dismissal on the pleadings. The facts which appear on the face of the plaintiff’s complaint, and which must be taken as true (St. Joseph Data Service, Inc. v. Thomas Jefferson Life Insurance Co. of America (1979), 73 Ill. App. 3d 935, 393 N.E.2d 611), are these:

During regular school hours, and in the course of his employment as a physical education teacher, James Phalen (insured), was struck and…