An East St. Louis school district says it is immune from liability in a mother’s suit alleging her son was injured when he fell off the monkey bars.
Plaintiff Keveon Murphy, individually and as mother of Kyrez Appleton, alleges her son was in kindergarten when he was at recess at Dunbar Elementary School on Aug. 22, 2016. Appleton was permitted to use the monkey bars on the larger playground when he allegedly fell to the ground below the playground equipment and fractured his arm.
Murphy alleges defendant East St. Louis School District No. 189 wrongfully allowed a six-year-old child to play on monkey bars designated for older children, failed to properly inspect the premises and failed to supervise children playing on the playground.
The school district filed a motion to dismiss the first amended complaint on Jan. 16 through attorneys Garrett Hoerner and Thomas Hunter of Becker Hoerner Thompson & Ysursa PC in Belleville.
The district argues that it filed a prior motion to dismiss the original complaint on Oct. 30. Murphy responded by filing an amended complaint on Dec. 18, which the defendant says “mirrors his original Complaint, except for the deletion of some allegations of negligence and willful and wanton conduct.”
The defendant argues that it is immune from the majority of the alleged breaches of duty under the Local Governmental and Governmental Employees Tort Immunity Act.
“Defendant is absolutely immune from the majority of claimed breaches of duty in each Count of Plaintiff’s Complaint as the duties to ‘cover ground’ and ‘warn’ involve the determination of policy or exercise of discretion by local public entities and their employees and such acts or omissions are protected against liability ...” the motion states.
The school district alleges the majority of duties alleged in the complaint are discretionary maters, which are immune from liability.
“For educators, discretionary policy decisions often bear the earmark of balancing various interests that might compete for the time and resources of a class, include such interests as efficiency and safety,” the supporting memorandum states. “At the bedrock of a school’s policymaking authority is absolute discretion in matters of instruction, including what to instruct and, when an instructional matter is mandated, how to instruct.”
“The allegation of an obligation ‘to warn’ infringes upon this discretionary authority,” the memorandum continues.
The defendant also argues that it is immune against the use of playground equipment.
“Indeed, suits based on the condition of recreational property are barred unless a public entity knew that the use would result in injury such that the conduct was willful and wanton,” the memorandum states.
Murphy seeks a judgment of more than $50,000, plus court costs.
She is represented by Derek J. Siegel of Kuehn, Beasley & Young PC in Belleville.
St. Clair County Circuit Court case number 17-L-461