{"id":1233,"date":"2016-11-30T08:31:50","date_gmt":"2016-11-30T14:31:50","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1233"},"modified":"2018-04-12T12:37:35","modified_gmt":"2018-04-12T17:37:35","slug":"school-officials-may-liable-boy-hit-car-schools-driveway","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/school-officials-may-liable-boy-hit-car-schools-driveway\/","title":{"rendered":"School Officials May Be Liable after Boy Hit by Car in School\u2019s Driveway"},"content":{"rendered":"

In a recent case<\/a>, a boy and his parents brought a lawsuit against school officials after he was hit by a car at his school\u2019s driveway on his way to school. The school was located near a highway, and the school\u2019s entrance was busy around the opening and dismissal times during school days. There was no traffic light or person directing traffic at the intersection of the driveway. The boy alleged the superintendent, principals, assistant principals, and others negligently supervised school staff and students during school hours. The defendants claimed they were shielded from liability through governmental immunity.<\/p>\n

The state\u2019s supreme court found certain defendants were shielded by immunity. However, the court found the assistant principals could be held liable because they may have breached their duty to assign school staff to supervise students during school hours. One of the assistant principals had been responsible for assigning school staff members to supervise student duties throughout the school. However, the school could not produce the names of people who were assigned to \u201cbus duty\u201d on the day of the accident or during the two weeks before the accident.<\/p>\n

The court explained that municipal employees are immune from liability for \u201cdiscretionary\u201d acts but not \u201cministerial\u201d acts (those performed in a prescribed manner without the exercise of judgment or discretion). Considering this, the court found it was not clear the assistant principals had satisfied their ministerial duties because the assistant principals\u2019 duties included not only preparing the bus duty assignments but also distributing the assignments to staff. Here, it was not clear they created and distributed the bus duty assignments. As a result, there was a \u201cgenuine issue of material fact\u201d as to whether they breached their duties.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent case, a boy and his parents brought a lawsuit against school officials after he was hit by a car at his school\u2019s driveway on his way to school. The school was located near a highway, and the school\u2019s entrance was busy around the opening and dismissal times during school days. There was […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,40],"tags":[],"class_list":["post-1233","post","type-post","status-publish","format-standard","hentry","category-auto-accidents","category-government-liability"],"yoast_head":"\nSchool Officials May Be Liable after Boy Hit by Car in School\u2019s Driveway — Illinois Injury and Mass Tort Lawyer Blog — November 30, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case, a boy and his parents brought a lawsuit against school officials after he was hit by a car at his school\u2019s driveway on his way to — November 30, 2016\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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