Murray v. Chicago Youth Center

• Decision Date: 16 February 2007
• Docket Number: No. 99457.,99457.
• Citation: Murray v. Chicago Youth Center, 864 N.E.2d 176, 224 Ill.2d 213, 309 Ill.Dec. 310 (Ill. 2007)
• Parties: Ryan MURRAY et al., Appellants, v. CHICAGO YOUTH CENTER et al., Appellees.
• Court: Illinois Supreme Court

864 N.E.2d 176

224 Ill.2d 213

Ryan MURRAY et al., Appellants, v. CHICAGO YOUTH CENTER et al., Appellees.

No. 99457.

Supreme Court of Illinois.

February 16, 2007.

Susan J. Schwartz, Philip H. Corboy, Sr., Thomas A. Demetrio, of Corboy & Demetrio, P.C., Chicago, Michael T. Reagan, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Ottawa, for appellants.

Stellato & Schwartz, Ltd., Chicago (Esther Joy Schwartz, Kenneth J. Hogan, Donald E. Stellato, David S. Allen, of counsel), for appellees Chicago Youth Center and James Collins.

William E. Spizzirri, Philip W. Domagalski, of Kralovec & Marquard, Chtrd., William A. Morgan, Chicago, for appellee Board of Education of the City of Chicago.

Mara S. Georges, Corporation Counsel, Chicago (Benna Ruth Solomon, Myriam Zreczny, Sara K. Hornstra, of counsel), for amicus curiae City of Chicago.

Justice KILBRIDE delivered the judgment of the court, with opinion:

Plaintiffs, Ryan Murray and his mother, Joyce Mayer, brought an action against defendants, the Chicago Board of Education (the Board), Chicago Youth Centers (CYC), and CYC employee James Collins (Collins) to recover for serious injuries suffered by Ryan and for medical expenses incurred as a result of a mini-trampoline accident. The circuit court of Cook County first denied, but ultimately granted defendants' motions for summary judgment, holding defendants immune from liability pursuant to sections 2-201 and 3-108(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-201, 3-108(a) (West 1992)).

The appellate court affirmed the circuit court's grant of summary judgment, on the separate grounds alleged in CYC and Collins's motion for summary judgment. 352 Ill.App.3d 95, 287 Ill.Dec. 102, 815 N.E.2d 746. The appellate court held section 3-109(c)(2) of the Tort Immunity Act (745 ILCS 10/3-109(c)(2) (West 1992)) was applicable and, accordingly, the immunity afforded defendants by the Tort Immunity Act did not extend to willful and wanton acts. 352 Ill.App.3d at 105, 287 Ill.Dec. 102, 815 N.E.2d 746. However, the appellate court also held, as a matter of law, the facts as set forth in plaintiffs' second amended complaint, along with the depositions, affidavits and other documents on file, would not support a finding that defendants acted willfully and wantonly. 352 Ill.App.3d at 106, 287 Ill.Dec. 102, 815 N.E.2d 746.

We allowed plaintiffs' petition for leave to appeal. 177 Ill.2d R. 315. On July 5, 2006, we issued an opinion affirming the judgment of the appellate court, but subsequently allowed plaintiff's petition for rehearing. 210 Ill.2d R. 367. We now reverse the judgments of the appellate and circuit courts, and remand for further proceedings.

BACKGROUND

On December 14, 1992, Ryan Murray was a 13-year-old student at Bryn Mawr School, operated by defendant, the Chicago Board of Education (Board). On that day, Ryan was participating in an extracurricular lunch period tumbling class sponsored by the Board and conducted by defendants, Chicago Youth Center (CYC) and its employee, James Collins. Ryan apparently attempted to perform a forward flip off a mini-trampoline and landed on his neck or shoulders. As a result of the accident, Ryan is now a quadriplegic.

Ryan and his mother, Joyce Mayer, brought suit against defendants. Plaintiffs' second amended complaint alleged that defendants, "with an utter indifference and conscious disregard for the safety of Ryan Murray, were willful and wanton." Plaintiffs further alleged, inter alia, that defendants knowingly and intentionally or with reckless disregard, failed to supply appropriate safety and protective equipment, failed to supply a spotter, failed to warn Ryan of the risk of spinal cord injury, and failed to stop the class from using the trampoline unsafely. Plaintiffs further alleged the Board was willful and wanton in failing to supply a harness and safety belt, and supplying inadequate gymnastic floor mats rather than proper trampolining "landing mats." Plaintiffs' complaint also included claims of negligence against defendants, and product liability claims against Sports Supply Group, identified in earlier pleadings as BSN Sports, Inc., and GSC Sports. Those claims are not subjects of this appeal.

In his discovery deposition, James Collins testified that CYC offered the tumbling class at Bryn Mawr with the permission of the Board. Beginning in the spring 1992 semester, Collins, a CYC employee, began instructing the tumbling class. Collins had a degree in physical education and limited experience with tumbling, gymnastics, and the mini-trampoline. Collins had no license or certificate qualifying him as a trampoline instructor or teacher. Collins had never taught the mini-trampoline to anyone prior to instructing the tumbling class at Bryn Mawr, but had acted as a "spotter" under the supervision of an instructor.

According to Collins, Ryan began taking the extracurricular tumbling class offered by CYC at Bryn Mawr in the spring 1992 term, when he was in the seventh grade. The tumbling class was held two days each week and lasted about 50 minutes. Between 16 and 20 students participated in the tumbling class on a given day. No other teachers or instructors supervised the tumbling class.

Typically, the students would come to the gym and sign in before class. Students were permitted to wear loose-fitting clothes and socks while tumbling. Class would always begin with stretching exercises. The students would then work on whatever gymnastic maneuver Collins planned to practice that day. For the most part, tumbling class consisted of learning and practicing floor maneuvers, including forward rolls, dive rolls, and cartwheels. Collins used the mini-trampoline as part of his regular class on only a few occasions. However, at the end of each class, once the planned instruction was finished, Collins would give the students the last 10 to 20 minutes of the class period to "freelance" and to "show out" or try to impress someone. Generally, the mini-trampoline would be made available to the students during this time. The students would bring the mini-trampoline onto the gym floor and set it up. Collins would then make sure the trampoline was locked in position and a double layer of floor mats was placed around the device.

Once the mini-trampoline was set up, the students would form a line and take turns using it. Some of the students would simply jump off the mini-trampoline, while other students who were more advanced might do a flip or somersault off the mini-trampoline. On occasion, Collins would "spot" the students. He also taught the students how to "spot" each other. However, Collins did not require that spotters be used every time a student jumped off the mini-trampoline but, rather, only if the student requested one. Collins did not always provide spotters when students performed maneuvers outside of those he was teaching or beyond the student's skill level.

On December 14, 1992, the tumbling class proceeded as usual. Collins was the only instructor for 18 to 22 students. After regular class instruction was finished, the mini-trampoline was set up and the students were allowed to freelance. Ryan got in line and, when it was his turn, made a running approach to the mini-trampoline, jumped off the mini-trampoline into the air, and rotated in a forward flip. He then landed on the mats on his upper body, sustaining injuries and rendering him a quadriplegic. Collins was in the gymnasium at the time of the accident, but was standing a few yards away, talking with a female student. He had not spotted the students using the mini-trampoline, nor had he assigned other students to act as spotters on the day of Ryan's accident. Collins saw Ryan approach the mini-trampoline before the accident and it appeared to him that Ryan was going to attempt a double forward flip. However, Collins was too far away from the mini-trampoline to intervene. After Ryan's accident, Collins immediately sent some students to the office to call 911 for assistance. Collins stayed with Ryan until emergency services arrived and Ryan was taken by ambulance to the hospital.

Ryan Murray testified during his discovery deposition that he never saw Collins "spot" anyone off of the mini-trampoline and that his injury occurred during the "freelance" part of the class. Ryan had only done a forward flip two or three times, and he did not imagine that he could land on his head or neck while doing a forward flip. Ryan imagined falling probably on his knees or incorrectly on his feet, but he did not know a forward flip could cause him to be seriously injured or paralyzed. The worst injury he imagined was probably a broken leg or arm. Ryan testified that when he was injured, his body landed partially on the mat and partially on the floor. Ryan stated that he felt a lot of pain in his neck and could not get up.

The only expert opinion offered by the parties in this case was plaintiffs' retained expert, Marc Rabinoff, a doctor of education and a tenured professor of human performance sport and leisure studies at Metropolitan State College of Denver in Colorado. He reviewed the statements of witnesses, depositions, photographs, and exhibits provided by plaintiffs' attorneys and rendered a series of opinions on issues of liability in this case. The opinions were furnished to defendants in response to interrogatories, and he was deposed by defendant's attorneys. Dr. Rabinoff had more than 30 years of experience in his field and has testified in several cases as a gymnastics expert.

Dr. Rabinoff testified that it is well known that the mini-trampoline is associated with the risk of spinal cord injury from improperly executed somersaults. According to Dr. Rabinoff, the use of the mini-trampoline requires competent instruction and supervision, and competent spotters for safety and prevention of catastrophic injury. In Dr. Rabinoff's opinion, the...