What follows is a story first published under the byline of Chicago Tribune staff reporter, Michael Higgins, on July 6, 2006:

“A former middle-school pupil who was left a quadriplegic at 13 after a trampoline accident in his extracurricular tumbling class cannot sue Chicago Public Schools, the Illinois Supreme Court ruled Wednesday.

“Lawyers for Ryan Murray, now 26, had argued that school officials failed to supervise the tumbling class properly, allowing 8th graders to spring off a mini-trampoline onto inadequate mats.

“But in a 4-3 vote, the Supreme Court said that school officials were immune from suit unless they acted "willfully and wantonly" to endanger Murray.

“The majority found that while the accident was tragic, the most Murray’s lawyers could hope to prove was that school officials were negligent.

“‘Clearly there is no evidence that the defendants intended for Ryan to be injured in any way,’ Justice Mary Ann McMorrow wrote for the majority. ‘Trampolining is a hazardous activity, and accidents can occur even when spotters are used and safety equipment is available.’

“The accident occurred Dec. 14, 1992, at Bryn Mawr Elementary School.

“Named as defendants in the case were the Chicago Board of Education, Chicago Youth Centers and the Youth Centers employee who had been supervising the class.

“In a dissenting opinion, Justice Thomas Kilbride argued that Murray should have been allowed to present his case to a jury.

“Kilbride said that, according to Murray’s expert witness, the lack of adequate mats caused Murray to land "partially on the mat and partially on the bare gymnasium floor."

About The Poster
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at  http://www.SpringsAttorney.com.

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