JUSTICE McLAREN delivered the opinion of the court:

In the summer of 2002, defendant Rockford Park District sponsored inexpensive summerprograms for children. Registered participants in one such program included plaintiff, Image Floyd,and Sir-Donovan Washington. The program offered various activities at a number of park districtplaygrounds and parks, one of which was Beattie Playground. Defendant Peggy Decker, a directorof the park district, supervised the summer activities at Beattie Playground. On June 26, 2002,plaintiff and Washington were at Beattie Playground when Washington intentionally struck plaintiffon the head with a metal golf club. Plaintiff sued defendants, contending that defendants were liablefor willful and wanton conduct when they failed to supervise Washington while he used the metal golfclub. Defendants moved to dismiss (see 735 ILCS 5/2--619.1 (West 2002)), contending, amongother things, that they were immune from liability pursuant to section 3--108 of the LocalGovernmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3--108 (West2002)) because plaintiff failed to plead specific facts amounting to willful and wanton conduct (see745 ILCS 10/1--210 (West 2002)). The trial court granted the motion to dismiss, and this timelyappeal followed. We affirm.

In his second amended complaint, plaintiff alleged willful and wanton conduct against the parkdistrict (count I) and Decker (count II). In pleading these counts, plaintiff addressed the parkdistrict's policy on sporting equipment, Washington's past behavior, and the present incident. Withreference to the policy, plaintiff alleged that the park district previously instituted a rule prohibitingchildren from using metal baseball bats or metal golf clubs during summer programs. However, thechildren were allowed to use such equipment under the tutelage of specially trained directors whocame to the summer programs to give the children golf and baseball instruction. The policydisallowing the use of metal bats and metal golf clubs was formulated after a child was hit by a metalbaseball bat in 1996. The rule remained in effect until March 2000.

In describing Washington's behavior, plaintiff alleged that, prior to June 26, 2002, Washington"regularly and continuously exhibited belligerent and violent behavior toward the supervisors and theother registered participants." Plaintiff specified that Washington "fought with, threatened andverbally abused other participants and supervisors," and he "disobeyed orders and directions givento him."

Plaintiff then addressed the incident, which occurred on June 26, 2002. On that day, theparticipants went on a field trip, and Washington behaved badly, exhibiting "aggressive and belligerentbehavior" towards supervisors and fellow registered participants. Despite Washington's violentconduct, he was permitted to remain in the summer program when the group returned from the fieldtrip. At that time, all of the registered participants, except Washington, assembled under an awningof the Beattie Playground clubhouse. While the other children, including plaintiff, participated in agroup activity, Washington stood in the center of Beattie Playground, swinging a metal golf club thatsupervisors and counselors allowed him to take from the storage area. Soon afterwards, plaintiff'smother arrived to pick plaintiff up. Plaintiff gathered his belongs and approached Washington,attempting to retrieve a pair of sunglasses that Washington took from plaintiff earlier in the day. Washington responded by "intentionally and violently" striking plaintiff on the head with the metalgolf club, causing serious injuries. Plaintiff alleged that no counselor or supervisor monitoredWashington after he extricated himself from the group.

In his willful and wanton conduct counts against both the park district and Decker, plaintiffalleged that, with an utter indifference and conscious disregard for the safety of others, defendants(1) allowed Washington to have access to a metal golf club when they knew of, or reasonably shouldhave known of, Washington's violent and belligerent behavior; (2) failed to supervise Washingtonwhile he used the golf club; (3) failed to supervise other registered participants while they possessedmetal golf clubs; (4) knew, or reasonably should have known, that Washington was capable ofinjuring another registered participant with the metal golf club; (5) permitted Washington to use themetal golf club despite the previously instituted rule prohibiting their use under such circumstances;(6) failed to discontinue the use of metal golf clubs when the park district knew that the use of metalsporting equipment was dangerous; (7) allowed Washington to remain at Beattie Playground afterWashington acted violently and belligerently towards supervisors and other registered participants;and (8) failed to provide properly trained supervisors. Plaintiff contended that his injuries were thedirect and proximate result of one or more of these acts or omissions.

Defendants moved to dismiss the second amended complaint, contending that they did notowe plaintiff a duty to protect him from Washington's intentional act and that they were immune fromliability pursuant to section 3--108 of the Act and section 4--102 of the Act (745 ILCS 10/4--102(West 2002)). With reference to section 3--108 of the Act, defendants claimed that they wereinsulated from liability because a public entity is not liable for failing to supervise an activity absentproof of willful and wanton conduct. 745 ILCS 10/3--108 (West 2002). Defendants properlyspecified that this portion of their motion was brought pursuant to section 2--619(a)(9) of the Codeof Civil Procedure (Code) (735 ILCS 5/2--619(a)(9) (West 2002)). See Downey v. Wood Dale ParkDistrict, 286 Ill. App. 3d 194, 199 (1997) (combined motion to dismiss pursuant to section 2--619.1of the Code is proper if movant indicates under which section of the Code each part of the combinedmotion to dismiss is brought). Defendants also claimed that plaintiff failed to plead facts sufficientto establish willful and wanton conduct, as defined in the Act, because he did not present factsestablishing that defendants engaged in a course of action preceding and leading to plaintiff's injury. See 745 ILCS 10/1--210 (West 2002). Defendants properly indicated that this part of their motionwas brought pursuant to section 2--615 of the Code (735 ILCS 5/2--615 (West 2002)).

In response, plaintiff contended that his "allegations addressing the complete failure to followPark District rules, knowing of the dangers presented by the steel golf clubs combined with[Washington's] repeated bad conduct and assaultive behavior, when viewed in a light most favorableto the plaintiff, does *** rise to willful and wanton conduct." Defendants disagreed, claiming thatthe park district's internal rules and guidelines for the summer program did not negate section 3--108immunity or constitute evidence of willful and wanton conduct.

In a memorandum of its decision, the trial court granted the motion to dismiss, finding that"these facts could not state a cause of action which could stand in the face of the statutory immunitiesand the case derived definition of wilful and wanton." A written order was entered, and this timelyappeal followed.

As an initial matter, we note that plaintiff appeals a dismissal entered pursuant to sections 2--615 of the Code (failure to sufficiently plead willful and wanton conduct) and 2--619(a)(9) of theCode (section 3--108 of the Act bars plaintiff from recovering against defendants). When a trial courtdismisses a complaint pursuant to either section 2--615 or 2--619 of the Code, it must interpret allpleadings in a light most favorable to the nonmoving party. Doe ex rel. Ortega-Piron v. ChicagoBoard of Education, No. 96574, slip op. at 3 (November 18, 2004). We review de novo a dismissalunder either section. Doe, slip op. at 3.

The first issue we consider is whether plaintiff's complaint was properly dismissed pursuantto section 2--615 of the Code for failing to plead facts sufficient to establish willful and wantonconduct. A section 2--615 motion admits all well-pleaded facts and attacks the legal sufficiency ofthe complaint. Jenkins v. Concorde Acceptance Corp., 345 Ill. App. 3d 669, 674 (2003). Such a motion should be granted only when the allegations in the complaint, construed in the light mostfavorable to the plaintiff, fail to state a cause of action upon which relief can be granted. Oliveira v.Amoco Oil Co., 201 Ill. 2d 134, 147 (2002). In making this assessment, all well-pleaded facts andinferences drawn from those facts are accepted as true. Oliveira, 201 Ill. 2d at 147.

To sufficiently plead willful and wanton conduct, a plaintiff must allege not only duty, breach,and proximate cause (Scarano v. Town of Ela, 166 Ill. App. 3d 184, 187 (1988)), but also that thedefendant engaged in a course of action that showed a deliberate intention to harm or an utterindifference to or conscious disregard for the plaintiff's welfare. 745 ILCS 10/1--210 (West 2002);Doe, slip op. at 6; Benhart v. Rockford Park District, 218 Ill. App. 3d 554, 559 (1991). Defendantsargue that they did not owe plaintiff a duty to guard against the intentional acts of a third person, i.e.Washington. However, because plaintiff failed to sufficiently allege that defendants' conduct waswillful and wanton, we need not resolve the question of duty. See A.D. v. Forest Preserve Districtof Kane County, 313 Ill. App. 3d 919, 922 (2000).

In this case, it is undisputed that the Act covers defendants, as the park district is a publicentity and Decker, a park district employee, is a public employee. 745 ILCS 10/1--206, 1--207, 3--108 (West 2002). As such, defendants are not liable for ordinary negligence in supervising activities,but they are liable for willful and wanton conduct, which is an exception to section 3--108 immunity. 745 ILCS 10/3--108 (West 2002); Doe, slip op. at 6.

Specifically, section 3--108 of the Act provides as follows:

"(a) Except as otherwise provided in this Act, neither a local public entity nor a publicemployee who undertakes to supervise an activity on or the use of any public property isliable for an injury unless the local public entity or public employee is guilty of willful andwanton conduct in its supervision proximately causing such injury.

(b) Except as otherwise provided in this Act, neither a local public entity nor a publicemployee is liable for an injury caused by a failure to supervise an activity on or the use of anypublic property unless the employee or the local public entity has a duty to providesupervision imposed by common law, statute, ordinance, code or regulation and the localpublic entity or public employee is guilty of willful and wanton conduct in its failure toprovide supervision proximately causing such injury." 745 ILCS 10/3--108 (West 2002).

As the parties note, section 3--108 was amended, effective December 2, 1998, to add anexception for willful and wanton conduct. Henrich v. Libertyville High School, 186 Ill. 2d 381, 403(1998). Because this cause of action arose after the amendment, the blanket immunity that publicentities enjoyed before the amendment is not available. Valentino v. Hilquist, 337 Ill. App. 3d 461,468 (2003). Now, if a plaintiff pleads facts sufficient to establish willful and wanton conduct aspresently defined in section 1--210 of the Act, the public entity or public employee is not immunefrom liability. Packard v. Rockford Professional Baseball Club, 244 Ill. App. 3d 643, 655-56 (1993).

Section 1--210 of the Act defines "willful and wanton conduct" as follows:

" 'Willful and wanton conduct' as used in this Act means a course of action whichshows an actual or deliberate intention to cause harm or which, if not intentional, shows anutter indifference to or conscious disregard for the safety of others or their property. Thisdefinition shall apply in any case where a 'willful and wanton' exception is incorporated intoany immunity under this Act." 745 ILCS 10/1--210 (West 2002).

As the plain and ordinary language of the statute makes clear, a plaintiff must plead a "courseof action" that proximately caused the plaintiff's injuries in order to maintain a successful cause ofaction against a public entity based on a willful and wanton failure to supervise. Inadvertence,incompetence, or unskillfulness does not constitute willful and wanton conduct. Geimer v. ChicagoPark District, 272 Ill. App. 3d 629, 637 (1995). Rather, to establish willful and wanton conduct, thepublic entity must be informed of a dangerous condition, know that others had been injured becauseof that condition, or intentionally remove a safety feature or device from recreational property. Winfrey v. Chicago Park District, 274 Ill. App. 3d 939, 945 (1995).

Here, plaintiff failed to plead facts sufficient to establish a "course of action." Absent fromplaintiff's complaint is any allegation that registered participants, or particularly Washington, had usedmetal golf clubs or baseball bats to batter other children, supervisors, or anyone else. Priorknowledge of similar acts is required to establish a "course of action." See Murray v. Chicago YouthCenter, 352 Ill. App. 3d 95, 98, 106 (2004) (where the plaintiff was injured after jumping off minitrampoline, conduct of youth program and program's coach was not willful and wanton because,among other things, there were no previous accidents involving the trampoline); A.D., 313 Ill. App.3d at 920-21, 923-24 (the plaintiff, who ran into a thorny honey locust tree on park district property,failed to prove park district was willful and wanton in maintaining its property because park districthad no knowledge that anyone else was ever injured by the tree or even complained about the tree).

Moreover, even if there was prior knowledge of a similar injury, a plaintiff must plead factsestablishing the similarities between the prior injury and the plaintiff's injury. See Dinelli v. Countyof Lake, 294 Ill. App. 3d 876, 878, 880, 884-85 (1998) (bicyclist, who was hit in crosswalk by amotorist, failed to establish "course of action" pursuant to willful and wanton definition even thoughthe plaintiff alleged that another person was struck by a motorist in the crosswalk; what was lackingin the plaintiff's complaint were details about the prior injury and whether the cause of that injury wassimilar to the cause of the plaintiff's injury); cf. Carter v. New Trier East High School, 272 Ill. App.3d 551, 552, 556-57 (1995) (the plaintiff, who injured his ankle when he backed into hole on school'stennis court, successfully pleaded willful and wanton conduct against the school board because theplaintiff alleged that the board was aware of prior complaints of and injuries caused by the uneven,broken, depressed, and cracked condition of the tennis court); Scarano, 166 Ill. App. 3d at 185, 188-89, 191 (the plaintiff successfully maintained a cause of action for willful and wanton conduct againsttown when he pleaded, in great detail, that the slide from which he fell was defective, that otherchildren had fallen from the slide due to these defective conditions, and that the defendant was aware of these defects and prior accidents resulting from the slide's dangerous condition).

Although plaintiff alleged that the park district instituted a policy prohibiting the use of metalgolf clubs and baseball bats after a child was hurt by such equipment, we cannot conclude that thispolicy constitutes facts sufficient to plead a "course of action" for purposes of willful and wantonconduct. As defendants note, a public entity's violation of its own internal rules does not constituteproof of negligence, much less willful and wanton conduct. See Morton v. City of Chicago, 286 Ill.App. 3d 444, 446, 449, 454 (1997) (where police officers pursued vehicle of fleeing suspect andfleeing suspect struck pedestrian, police officers' failure to activate their unmarked car's siren andmars lights, which an internal police rule required, was not proof of willful and wanton conduct); seealso Geimer, 272 Ill. App. 3d at 638-39 (and cases cited therein). The fact that defendants' policywas promulgated after a child was hit with a metal baseball bat does not change our view, as theparticular circumstances of that incident were not pleaded. Specifically, all plaintiff claims is that"[a]fter an accident that occurred in the Rockford Park District in about 1996, wherein a boy was hitwith a metal baseball bat, as well as other incidents, the Director of Recreation for the Rockford ParkDistrict effectuated new rules that did not allow equipment like metal baseball bats or metal golf clubsto be used by the children in the supervised playground activities except under very limitedcircumstances." Like in Dinelli, if plaintiff alleged in detail that the 1996 occurrence or the "otherincidents" involved circumstances similar to plaintiff's injuries, he may have succeeded in pleading a"course of action" for purposes of alleging willful and wanton conduct. Without such facts, wecannot conclude that plaintiff's complaint is sufficient to establish defendants' knowledge of similarsituations. Moreover, we note that the park district's rule was abandoned more than two years beforeplaintiff was injured. Thus, even if the rule could serve as proof of defendants' improper conduct,which it does not, we fail to see how this outdated rule could be proof of anything relevant to thiscase.

Notwithstanding the "course of action" requirement, plaintiff failed to allege facts sufficientto establish that defendants intentionally caused harm to plaintiff or showed an utter indifference orconscious disregard for plaintiff's safety. See Packard, 244 Ill. App. 3d at 656 (segregating "courseof action" from other elements of willful and wanton, as defined in the Act, in analyzing whether aplaintiff pleaded facts sufficient to establish willful and wanton conduct). Plaintiff, using the term"utter indifference or conscious disregard for the safety of others," alleged that defendants allowedWashington, who arguably was under defendants' control, to continue to act belligerently andviolently and have access to a metal golf club. Merely alleging an utter indifference or consciousdisregard for the safety of others is not enough to withstand a motion to dismiss. See Winfrey, 274Ill. App. 3d at 943 (conclusory statements of fact or law do not suffice to state a cause of action). Moreover, allegations about Washington's general bad behavior, even if defendants were aware ofit, do not create a basis for willful and wanton conduct because plaintiff failed to allege exactly whatthat behavior entailed. See Oropeza v. Board of Education of the City of Chicago, 238 Ill. App. 3d399, 403 (1992) (to overcome section 2--615 motion to dismiss, complaint must present well-pleadedfacts establishing willful and wanton conduct). Lacking in plaintiff's complaint is any allegation thatdefendants were aware of Washington physically assaulting someone, let alone plaintiff. If defendantshad allowed Washington to have access to the metal golf club, knowing that Washington wasphysically violent to others, then defendants' conduct arguably may have shown an utter indifferencefor plaintiff's safety. However, as pleaded, defendants could not be guilty of willful and wantonconduct because, among other things, Washington's general aggressiveness was not necessarily aprecursor to plaintiff's injuries. See Packard, 244 Ill. App. 3d at 657. Viewing plaintiff's complaintin a light most favorable to him, we hold that plaintiff did not allege facts sufficient to state a causeof action for willful and wanton conduct. Thus, the trial court properly granted defendants' motionto dismiss pursuant to section 2--615 of the Code.

Additionally, we hold that plaintiff's complaint was properly dismissed pursuant to section 2--619(a)(9) of the Code because section 3--108 of the Act insulated defendants from liability. A motionto dismiss pursuant to section 2--619 of the Code admits all well-pleaded facts, the reasonableinferences to be drawn from those facts, and the legal sufficiency of the complaint; however, it assertsaffirmative matter to avoid or defeat the claim. Compton v. Ubilluz, 351 Ill. App. 3d 223, 228(2004). Here, because we determine that plaintiff failed to plead willful and wanton conduct, weconclude that plaintiff's complaint was properly dismissed pursuant to section 2--619(a)(9) of theCode. As noted, absent proof of willful and wanton conduct, section 3--108 insulated defendantsfrom liability for improper supervision. See Doe, slip op. at 6 ("[o]nly willful and wanton conductis not protected by the immunity conferred in section 3--108"). Because we conclude that defendantswere immune from liability pursuant to section 3--108 of the Act, we will not address the parties'arguments concerning immunity under section 4--102 of the Act.

Citing Platson v. NSM, America, Inc., 322 Ill. App. 3d 138 (2001), plaintiff claims thatdefendants had a special duty to protect plaintiff and that this duty superceded the immunity conferredin section 3--108 of the Act. We disagree. In Platson, a high school work-study student sought tohold her private employer liable for the intentional conduct of one of her coworkers, contending thatshe and her employer had a "special relationship," as recognized in tort law, that required heremployer to protect her from her coworker. Platson, 322 Ill. App. 3d at 142. Here, plaintiff seeksto hold defendants, a public entity and a public employee, liable for Washington's intentional conduct. This private versus public distinction between Platson and this case is critical because only theexceptions that the Act provides are available to plaintiff. See 745 ILCS 10/3--108 (West 2002)(stating specifically that a public entity or public employee is not liable for failing to supervise anactivity "[e]xcept as otherwise provided in this Act"); Epstein v. Chicago Board of Education, 178Ill. 2d 370, 377 (1997). The "special relationship" or "special duty" doctrine is not one of thoseexceptions. Indeed, our supreme court has unequivocally held that such common-law rules cannotimpose liability where the Act provides immunities. Harinek v. 161 North Clark Street Ltd.Partnership, 181 Ill. 2d 335, 347 (1998).

In conclusion, we hold that plaintiff failed to allege facts sufficient to establish willful andwanton conduct, and, thus, the trial court properly granted defendants' motion to dismiss based onthe immunity conferred in section 3--108 of the Act. We recognize that this result is harsh, especiallywhen we consider that a young child has been left seriously injured without any recourse against thoseresponsible for supervising the summer program. See Henrich, 186 Ill. 2d at 412 n.1 (Harrison, J.,dissenting) (expressing concern for court's refusal to recognize children's rights "no matter howshocking the facts or how compelling the law might be"). However, if we were to determine thatplaintiff sufficiently pleaded facts establishing defendants' willful and wanton conduct, a park district,in order to avoid liability, would have to assign at least one staff member to each registeredparticipant. Such a far-reaching rule simply is unworkable. See Thornburg v. Crystal Lake ParkDistrict, 171 Ill. App. 3d 329, 334 (1988). Moreover, even if such a requirement were feasible, wefail to see how defendants could have anticipated, and prevented, Washington's intentional andspontaneous conduct. See Thornburg, 171 Ill. App. 3d at 334. Given the Act and the case lawinterpreting it, we cannot conclude that the trial court reached the wrong result. Any change in thestatus of the law must come from the legislature and not the courts. See Kevin's Towing, Inc. v.Thomas, 351 Ill. App. 3d 540, 549 (2004).

For these reasons, the judgment of the circuit court of Winnebago County is affirmed.

Affirmed.

CALLUM, J., concurs.

JUSTICE BOWMAN, dissenting:

The majority concludes that plaintiff failed to plead facts sufficient to establish willful andwanton conduct. I respectfully disagree. The Act defines "willful and wanton conduct" as "a courseof action which shows an actual or deliberate intention to cause harm or which, if not intentional,shows an utter indifference to or conscious disregard for the safety of others or their property." 745ILCS 10/1--210 (West 2002). In determining whether a complaint states a cause of action to survivea section 2--615 dismissal, the allegations must be construed in the light most favorable to theplaintiff, and all well-pleaded facts and reasonable inferences drawn from those facts are accepted astrue. Oliveira, 201 Ill. 2d at 147.

Here, plaintiff alleged that throughout the summer, Washington "regularly and continuouslyexhibited belligerent and violent behavior toward the supervisors and the other registered participants. He fought with, threatened and verbally abused other participants and supervisors" and "disobeyedorders and directions given to him." On the day of the incident, the children went on a field trip, andWashington showed "aggressive and belligerent behavior" towards supervisors and camp participants. Despite this behavior, after the field trip the supervisors allowed Washington to opt out of a groupactivity and swing a metal golf club in the middle of the playground. When plaintiff approachedWashington to retrieve his sunglasses, Washington intentionally struck plaintiff on the head with theclub, causing serious injury.

The majority states that plaintiff failed to allege facts sufficient to establish that defendantsintentionally caused harm to plaintiff or showed an utter indifference or conscious disregard forplaintiff's safety, because he alleged only "general bad behavior" by Washington, without allegingexactly what that behavior entailed. Slip op. at 10. I recognize that legal and factual conclusionsunsupported by specific factual allegations should be disregarded (La Salle National Bank v. CitySuites, Inc., 325 Ill. App. 3d 780, 790 (2001)), and factual deficiencies cannot be cured by a liberalconstruction (Cummings v. City of Waterloo, 289 Ill. App. 3d 474, 479 (1997)). However, thesepropositions do not defeat plaintiff's claim, because plaintiff's allegations go beyond simple factualconclusions; plaintiff alleged that Washington fought with, threatened, and verbally abused others,that he refused to follow orders, and that he was aggressive and belligerent. Cf. People ex rel.Madigan v. Tang, 346 Ill. App. 3d 277, 289-90 (2004) (State made conclusory allegations that thedefendant "caused or allowed" environmental violations to occur); Goodknight v. Piraino, 197 Ill.App. 3d 319, 324-25 (1990) (plaintiff's contention, that it could be inferred from her allegations thather drinking and intoxication were involuntary, was a factual conclusion that need not be taken as truefor purposes of motion to dismiss). The dictionary defines "fight" as, among other things, to "striveto overcome or destroy a person, animal, or thing esp. by blows or weapons" (Webster's Third NewInternational Dictionary 847 (1986)), and its definition of "threaten" includes to "promise punishment,reprisal, or other distress to" (Webster's Third New International Dictionary 2382 (1986)). Plaintiff'sallegations, viewed in the light most favorable to him and given their broadest possible meanings, aresufficient to withstand a motion to dismiss.

Furthermore, a complaint should not be dismissed for failing to state a claim unless it clearlyappears that no set of facts can be proved under the pleadings that would entitle the plaintiff torecover. American National Bank & Trust Co. v. City of Chicago, 192 Ill. 2d 274, 279 (2000).Plaintiff has alleged that even though the supervisors had adequate warning of Washington'saggressiveness and violence, they still allowed him to have unsupervised use of a metal golf club. Incontrast, the majority requires an allegation "that registered participants, or particularly Washington,had used metal golf clubs or baseball bats to batter other children, supervisors, or anyone else." Slipop. at 8. Such a heightened requirement apparently stems from the mistaken belief that the Act'sdefinition of "willful and wanton conduct" is significantly different from the common-law definitionof the term, and more difficult to satisfy.

The first case to distinguish the Act's definition of "willful and wanton conduct" from thecommon-law definition was Benhart, 218 Ill. App. 3d 554. In Benhart, this court held that thedefinitions were distinct, noting that the Act's definition added the "course of action" language notpresent in the common-law definition. Benhart, 218 Ill. App. 3d at 558-59. However, the Act'sdefinition has now merged into the common-law definition. For example, the Illinois Pattern JuryInstructions provides the following definition:

"When I use the expression 'willful and wanton conduct' I mean a course of actionwhich [shows actual or deliberate intention to harm] [or which, if not intentional,] [shows anutter indifference to or conscious disregard for (a person's own safety)(and)(the safety ofothers)]." Illinois Pattern Jury Instructions, Civil, No. 14.01 (2000).

This definition is almost identical to the Act's definition. Significantly, our supreme court has statedthat it "and the legislature have defined willful and wanton conduct as a course of action which showsactual or deliberate intent to harm or which, if the course of action is not intentional, shows an utterindifference to or conscious disregard for a person's own safety or the safety or property of others." Pfister v. Shusta, 167 Ill. 2d 417, 421 (1995). Again, this definition corresponds to the Act'sdefinition. Accordingly, I believe that there is currently no significant difference between thecommon-law definition of willful and wanton conduct and the Act's definition. As a result, thepleading requirements for willful and wanton conduct under the Act should be the same as in otheractions, and should not unduly emphasize the "course of action" language.

Willful and wanton conduct includes actions that have been less than intentional, such as whenthere has been " 'a failure, after knowledge of impending danger, to exercise ordinary care to prevent'the danger, or a 'failure to discover the danger through *** carelessness when it could have beendiscovered by the exercise of ordinary care.' " Ziarko v. Soo Line R.R. Co., 161 Ill. 2d 267, 274(1994), quoting Schneiderman v. Interstate Transit Lines, Inc., 394 Ill. 569, 583 (1946). Willful andwanton conduct is a hybrid between negligent and intentionally tortious behavior (Ziarko, 161 Ill. 2dat 275), and it does not occupy a precise point on the continuum of liability between negligent andintentional conduct (Hill v. Galesburg Community Unit School District 205, 346 Ill. App. 3d 515, 522(2004)). "Under the facts of one case, willful and wanton misconduct may be only degrees more thanordinary negligence, while under the facts of another case, willful and wanton acts may be onlydegrees less than intentional wrongdoing." Ziarko, 161 Ill. 2d at 275-76. I believe that plaintiff hassufficiently alleged a cause of action for willful and wanton conduct, and that it should be the role ofthe jury, not the courts, to determine where on the continuum of liability defendants' behavior falls. Thus, I would reverse the trial court's decision and remand the cause for further proceedings.