Brief of Lynch v. The Board of Education of Collinsville Community Unit District No. 10
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EOL 469
CYNTHIA LYNCH et al., Appellees, v. THE BOARD OF EDUCATION OF COLLINSVILLE COMMUNITY UNIT
DISTRICT NO. 10, Appellant
No. 52176
Supreme Court of Illinois
82 Ill. 2d 415; 412 N.E.2d 447; 1980 Ill. LEXIS 428; 45 Ill. Dec. 96
September 15, 1980, Filed
Rehearing November 26, 1980, Denied
FACTS:
Cynthia Lynch, by her father and next friend, Raymond Lynch, filed a complaint in the circuit court of Madison County on September 12, 1975. After some amendments and reinstatements of the complaints, the complaint contained four counts. In count I, Cynthia alleged that the defendant was negligent in failing to provide her with protective equipment, and in count II she alleged that the defendant was willfully and wantonly negligent by failing to supervise the football game. Her father also filed counts III and IV that repeat the allegations of counts I and II of the complaint. At the time of the verdict, Cynthia was of age, so she was substituted as the plaintiff in her own name.
Cynthia participated in a junior-senior "powderpuff" football game during the halftime homecoming varsity football game at her high school. This game had been a tradition for the past three years until the new principal Rodney Woods ordered that it no longer be played. Heedless of this proclamation by Principal Woods, several students approached teachers, asking them to coach their teams for this event. Three teachers agreed, and the girls used the school locker room to change clothes before the practices. One teacher suggested that the girls buy mouth guards for protection, but no mention of helmets was made. Practices were announced on the school's PA and flyers advertising the game were posted in the school. Both of these events were not approved by the principal.
During the game, Cynthia was knocked down by another player during the football game, and she struck her head on the ground with extreme force. Her parents took her to the hospital, where they reported that her nose was fractured. After this incident, Cynthia's behavior turned noticeably. She became irritable, rebellious and moody. Dr. Anthony K. Busch, a psychiatrist who worked with Cynthia, who discovered an abnormal brain-wave pattern through an electroencephalogram. Dr. Busch testified that , in his opinion, the injury that Cynthia sustained during this game, "quite probably was the causation of her difficulties."
The plaintiff requested, as to Cynthia, a verdict of $100,000 and a verdict of $5,000 to compensate Raymond Lynch. The court ruled in favor of Cynthia, awarding her $60,000 and denied any recovery to Raymond.
ISSUES:
1) Were the teachers who coached the junior-senior "powderpuff" game acting with express or implied authority?
2) Did the teachers who coached the team possess apparent authority?
3) Was the school district negligent in failing to provide effective equipment to the students?
4) Is the award of $60,000 to Cynthia Lynch for injuries sustained during a junior-senior "powder puff" football game excessive?
THE RULE:
"Teachers and other certified educational employees shall maintain discipline in the schools. In all matters relating to the discipline in and conduct of the schools and the school children, they stand in the relation of parents and guardians to the pupils. This relationship shall extend to all activities connected with the school program and may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians." (Ill. Rev. Stat. 1973, ch. 122, par. 24--24.)
Section 16--8 of the School Code "The school board of any such school district acquiring real estate and equipping, operating and maintaining it for the purposes provided in Section 16--7 shall have supervision over such playgrounds, recreation grounds or athletic fields, may employ play leaders, playground directors, supervisors, recreation superintendents or athletic directors therefor, and may take such steps to provide for the protection, sanitation, care and management thereof as it deems appropriate." (In a dissenting opinion, it was stated that this section of the School Code imposes no duties on the board.)
HOLDING:
1) Were the teachers who coached the junior-senior "powderpuff" game acting within the course of their employment?
No, since the announcements made over the PA were countermanded to the effect that the game was not an authorized school activity and that the teachers were approached by the girls themselves and not the administration to coach the team.
2) Did the teachers who coached the team possess apparent authority?
Yes
3) Was the school district negligent in failing to provide effective equipment to the students?
Yes, even though the game was not an "official" activity of the school, the teachers possessed apparent authority and the field and locker rooms of the district were used.
4) Is the award of $60,000 to Cynthia Lynch for injuries sustained during a junior-senior "powder puff" football game excessive?
No, based on the evidence that Cynthia fractured her nose, underwent psychiatric treatment and suffered, in a doctor's expert opinion, permanent brain damage, this amount is not excessive.