Mom gets second chance at pleading recklessness

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 14, 2021 11:29 AM

The Illinois Appellate Court gave Cindi Mathias another shot at alleging that the permanent injury her son, T.M., suffered to his dominant hand when he crashed into an unpadded concrete wall while playing “scramble ball” during a gym class at Winnebago High School was caused by a teacher’s willful and wanton conduct. Focusing on the fuzzy line between ordinary and gross negligence, the Illinois Appellate Court affirmed a Winnebago County judge’s decision to toss Mathias’s complaint against Winnebago Community Unit School …

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