[Download] "Lynch v. Board of Education" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Lynch v. Board of Education
- Author : Supreme Court of Illinois
- Release Date : January 15, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Rehearing denied November 26, 1980. The plaintiffs, Cynthia L. Lynch, by her father and next friend, Raymond L. Lynch, and Raymond L. Lynch, individually, filed a two-count complaint in the circuit court of Madison County on September 12, 1975. In count I Cynthia sought damages from the defendant, the board of education of Collinsville Community Unit District No. 10, for injuries she suffered during a powderpuff football game held at the Vandalia campus of the Collinsville high school on October 27, 1974. Count II consisted of the same pleaded facts, but damages were sought by Raymond Lynch for the expenses he had incurred as a result of Cynthia's injuries. An amended complaint was filed on October 9, 1975. It added a paragraph to each count of the original complaint alleging that the defendant possessed insurance coverage. The defendant filed an answer on January 6, 1976. On March 21, 1977, the plaintiffs filed a second amended complaint which consisted of four counts. Upon a motion to dismiss, the court ordered, on April 6, 1977, that counts I and III be dismissed. The defendant filed an answer to the remaining counts. Thereafter on March 9, 1978, the first day of trial, the court granted the plaintiffs' motion to reinstate counts I and III of the second amended complaint. In count I, Cynthia alleged that the defendant was negligent in failing to provide her with protective equipment. In count II, Cynthia alleged that the defendant was wilfully and wantonly negligent by failing to supervise the football game. In counts III and IV, Raymond Lynch repeated the allegations of counts I and II, respectively. At the conclusion of the trial, a jury returned a general verdict for Cynthia in the amount of $60,000; the jury returned a verdict against Raymond Lynch on counts III and IV. Judgment was entered on the verdicts on March 15, 1978. Subsequently, Cynthia, by now of age, was substituted as party plaintiff in her own name. The defendant's post-trial motion to vacate the judgment was denied by the trial court on August 13, 1978. The defendant appealed to the Appellate Court for the Fifth District. The appellate court, with one justice dissenting, affirmed the judgment of the circuit court. (72 Ill. App.3d 317.) We subsequently granted the defendant's petition for leave to appeal. 73 Ill.2d R. 315(a).