Green v. Chicago Board of Education

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-2313 Rel

Case Date: 02/22/2011

Preview:SECOND DIVISION February 22, 2011

No. 1-09-2313

EMILY GREEN, Special Administrator, of the Estate of Ruben Ivy, Deceased, Plaintiff-Appellant, v. CHICAGO BOARD OF EDUCATION, a Body Politic and Corporate, Defendant-Appellee (Delilah Smith, as Mother and Next Friend to Devonte Smith, a Minor, Defendant).

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Appeal from the Circuit Court of Cook County

No. 09 L 2854

Honorable Jeffrey Lawrence, Judge Presiding.

JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Cunningham and Justice Connors concurred in the judgment and opinion. OPINION In this appeal we are called upon to determine whether defendant, the Chicago Board of Education (Board), is immune under section 4-102 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/4-102 (West 2008)) from claims of willful and wanton misconduct and negligent acts that allegedly caused injuries and the death of plaintiff, Emily Green's, decedent. We conclude that the Board is immune. For the following reasons we affirm the circuit court's dismissal of Green's second amended complaint pursuant to section 2619 of the Code of Civil Procedure. 735 ILCS 5/2

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