EOL 469: Legal Basis of Educational Practice

David M. Stone, University Laboratory High School, Urbana, IL USA

CYNTHIA LYNCH et al., Appellees, v. THE BOARD OF EDUCATION OF

COLLINSVILLE COMMUNITY UNIT DISTRICT NO. 10, Appellant 

Supreme Court of Illinois 

Filed September 15, 1980. Rehearing Denied November 26, 1980. 

Procedural Background

Cynthia L. Lynch, by her father and next friend, Raymond L. Lynch, and Raymond L. Lynch, individually, filed a two-count complaint in the circuit court of Madison County on September 12, 1975. The first count sought damages from the defendant, the board of education of Collinsville Community Unit District No. 10, for injuries she suffered during a "powderpuff" football game held at the Vandalia campus of the Collinsville High School. The second count involved Raymond Lynch seeking restitution for expenses he incurred as a result of Cynthia's injuries.

On the first day of trial, the court granted the Lynch motion to amend their complaint. In count I, Cynthia alleged that the defendant was negligent in failing to provide her with protective equipment. In count II, Cynthia alleged that the defendant was willfully and wantonly negligent by failing to supervise the football game. The jury returned a general verdict for Cynthia in the amount of $ 60,000.

Facts (Relating to the Accident)

  1. Cynthia Lynch, was playing quarterback on the junior girls' football team when she was struck  in the face by an opposing player and knocked down. The back of her head struck the ground with considerable force.
  2. Cynthia was taken to the hospital by her parents, who had been at the game as spectators.
  3. The hospital records admitted into evidence at the trial reveal that Cynthia suffered a small linear fracture of the nasal bone.
  4. Cynthia, her parents, and friends and neighbors stated that after the football game in October 1974 Cynthia's behavior changed. She became irritable, rebellious and moody. An electroencephalogram indicated an abnormal brain-wave pattern. Behaviors were self-destructive and professional consultation indicated that the abnormal behaviors may be with Cynthia throughout the rest of her life.

Facts (Relating to the Football Game)

  1. The junior-senior "powderpuff" football game had been played each year as a half-time event of the homecoming varsity football game from 1970 to 1973.
  2. In 1974, the high school principal ordered that the game not be held during half time of the homecoming game.
  3. Three teachers were approached by the students to coach the teams. They agreed to do so.
  4. Several practices were held after school on school grounds. The girls also used the school locker room.
  5. Coaching teachers suggested purchase of mouth guards as protective equipment, making clear some concern about safety.
  6. The game was publicized on bulletin boards throughout the school and at least one announcement was made by students over the school's public address system to inform the students of the practice sessions and the game. 

Issues

  1. Did the teachers who served as coaches possess implied authority and therefore assume responsibilities inherent in a position of implied authority?
  2. Were the teachers acting with apparent authority, a situation in which the individual is reasonably assumed by third parties to have responsibility due to their employment?
  3. Did the defendant act in a willfully and wantonly negligent manner?
  4. Is the first jury verdict of $60,000 excessive?

Rule

Ill. Rev. Stat. 1973, ch. 122, par. 24 -- 24, which states "Teachers and other certificated 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."

Holding

  1. No, the teachers were working without implied authority.
  2. Yes, the alleged silence of the principal in allowing the game to occur reasonably indicates school and district approval.
  3. No, there is no indication of reckless disregard for the safety of others on the part of the three teacher-coaches.
  4. No, based on the fact that Cynthia suffered a fractured nose, underwent and continues to undergo psychiatric treatment, and has suffered permanent brain damage, the verdict is not excessive.

Created 9/24/99. Last modified 9/24/99.