State Supreme Court rules in favor of District 211 in injury case

The Illinois Supreme Court ruled Thursday that a Conant High School physical education teacher and Palatine-Schaumburg High School District 211 were immune from liability when a student sustained an eye injury during a floor hockey game seven years ago.

The opinion overturns an appellate court decision but affirms the verdict of the circuit court.

Evan Barr was a 15-year-old sophomore playing floor hockey with 11 other students on June 3, 2010, at Conant in Hoffman Estates.

During the game, the "squishy" safety ball that was used bounced off Evan's stick and hit him directly in the eye, causing injury and permanent dilation of his pupil, according to the supreme court opinion.

His lawsuit alleged that P.E. teacher Laurel Cunningham failed to require the students to wear protective eyewear while playing floor hockey.

During the case, witnesses testified that a box of safety goggles was stored in the same bucket as the safety balls in the equipment closet. But there was no evidence the goggles were specifically for students playing floor hockey, according to Thursday' opinion.

Barr testified during the case that he probably would not have worn the goggles even if he had known they were available.

Cunningham testified that she did not require the use of goggles during the game because she felt the modified floor hockey equipment negated any need for them and that she imposed certain rules for the players' safety.

David Pena, chairman of the physical education department, testified that there was no rule or law mandating that students wear goggles while playing floor hockey. He also said he knew of no other student who had been injured due to lack of eyewear in a gym class at Conant.

When the circuit court opinion was appealed, the majority of a divided appellate court ruled that Cunningham's decision not to require the wearing of safety goggles was willful and wanton - and that the evidence did not support the defendants' claim of discretionary immunity.

But the Supreme Court's opinion stated that Illinois courts have required some evidence that an activity is generally associated with a risk of serious injuries to establish willful and wanton conduct.

Barr's attorney, Mariam Hafezi, issued a statement Thursday respecting the decision but expressing disappointment. "We took this case as far as we did because it was a close call," she wrote. "And in the context of a close call, we hoped that the kids would win."

District 211 Superintendent Dan Cates also commented on the opinion, saying, "This decision upholds the long-standing foundation of case law and establishes important guiding precedent that will protect school districts, their employees and the public interest."