![]() “Except as otherwise provided by this Act * * * neither a local public entity nor a public employee is liable for an injury caused by a failure to supervise an activity on or the use of any public property.” 745 ILCS 10/3-108(a) (West 1994). Section 3-108(a) of the Tort Immunity Act provides in pertinent part: Section 3-108(a) of the Tort Immunity Act ![]() Plaintiffs raise several arguments as to why defendant is not immune from liability under the Tort Immunity Act. She was transferred by ambulance to Northwestern Memorial Hospital, where she eventually underwent a cervical fusion. Kathleen's mother then took her to an emergency room where Kathleen was diagnosed as having a cervical fracture. Based upon this examination, Kathleen was taken to the nurse's office in a wheelchair and her mother was notified. ![]() She also determined that Kathleen could move her extremities and that she was not feeling any tingling or numbness. The nurse conducted a routine examination, observing Kathleen's breathing, pulse and pupils, and concluded all three were normal. When the nurse arrived, Kathleen was still complaining of pain. The teacher stayed with Kathleen until the school nurse came. The teacher attended to Kathleen and also had another student press the emergency button to summon the school nurse. After the fall, Kathleen sat up on the mat. When Kathleen attempted another flip-flop, she was unsuccessful and fell on her head. The teacher observed Kathleen's successful performance. Kathleen successfully performed a flip-flop. She began to perform gymnastics maneuvers on her own in another area of the gym. By that time, Kathleen had already been tested and had completed the requirements for the class. The teacher was engaged with other students just before the end of the class. The class during which Kathleen was injured was on the last day for the grading period. She had learned to do a flip-flop, on her own, without a spotter, by the time she was seven or eight years old. The gymnastics maneuver that Kathleen was performing when she was injured is known as a “flip-flop.” At the time of her injury, Kathleen had the ability to confidently execute an unassisted flip-flop. Kathleen, however, had begun gymnastics training herself at the age of three years old and was participating in park district gymnastics competitions by the time she was five or six years old. The class in which she was enrolled was a basic, introductory physical education class, which involved only basic gymnastics exercises. At the time of her injury, Kathleen was a 15-year-old student. On March 25, 1994, Kathleen Grandalski was injured when she fell on her head while performing a gymnastics maneuver during a physical education class at Lyons Township High School. On June 16, 1997, the trial court dismissed, with prejudice, plaintiffs' second amended complaint based upon the immunity afforded under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. Count III sought reimbursement of medical expenses pursuant to the Rights of Married Persons Act (Family Expense Act) (750 ILCS 65/15 (West 1994)). ![]() Count II alleged willful and wanton misconduct for failing to provide the safety equipment, failing to prevent Kathleen from performing the “flip-flop,” and for the care and treatment rendered to her after the accident. Count I of the second amended complaint alleged negligence on the part of the school district for failing to provide a hand belt as a safety device and for the care and treatment rendered to Kathleen after the accident. After the trial court granted two prior motions to dismiss, the plaintiffs filed a second amended complaint. On October 17, 1994, plaintiffs, Kathleen Grandalski, a minor, by Katherine Grandalski, her mother and next friend, and Dennis Grandalski, the minor plaintiff's father, filed a three-count complaint against defendant school district seeking damages for injuries sustained by the minor plaintiff, Kathleen Grandalski (Kathleen). Druck, Thomas Koutsouvas, of counsel), for Appellee. Franczek Sullivan, P.C., Chicago (Edward N. Novoselsky & Associates, of counsel), for Appellants. LYONS TOWNSHIP HIGH SCHOOL DISTRICT 204, a body politic, Defendant-Appellee. Kathleen GRANDALSKI, a Minor, by Katherine GRANDALSKI, her Mother and Next Friend, and Dennis Grandalski, Plaintiffs-Appellants, v. Appellate Court of Illinois,First District, First Division.
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