August 2023 - Parks & Recreation - 28

LAW REVIEW
and future grief and sorrow and
$750,000 for post and future loss
of society). The jury also found
the percentage of negligence attributable
solely to Eric Jones
was 50 percent. As a result,
Plaintiff was awarded $750,000
in recoverable damages.
On June 10, 2021, the City filed a
posttrial motion for judgment notwithstanding
the verdict. On January
5, 2022, the trial court denied
the City's motion, stating: " The
present case involves a known
dangerous activity and there was
sufficient evidence to support the
jury's verdict finding willful and
wanton conduct by the City and/
or its agents. "
The
City
The jury returned a verdict in favor of
Plaintiff and found the total amount
of damages to be $1,500,000.
a lifeguard's job. He had the authority
to direct the beach employees.
However, he was not involved in the
training or certification of the lifeguards.
He did not know if the lifeguards
were given training manuals.
England claimed a document,
called " Emergency
Procedures, "
was given either to the beach managers
and lifeguards or posted in
the office or lifeguard room. He
had not found any other lists of
emergency
procedures.
England
expected the lifeguards and beach
managers would have known of
these emergency procedures.
In addition, England believed a
procedure was in place for locating
missing persons and bathers at the
time Eric drowned. According to
England, this procedure included
clearing the water, checking the
facilities for the person, and starting
a line search in the water if the
28 Parks & Recreation | A UGUS T 2 0 2 3
person was not found. England
further stated that he had " heard
an emergency action plan...being
discussed but did not recall ever
seeing one at the beach. "
According to England, the " Emergency
Procedures " document indicated
lifeguards should blow their
whistle one time to warn a patron,
two times to get the attention of the
other guards, and three times for
a true emergency - such as a lost
child or drowning patron. England
further testified a line search, where
the guards linked arms and walked
through the water, would be the best
type of search to use at the beach
because of the opaque water.
Jury Verdict
The jury returned a verdict in
favor of Plaintiff and found the
total amount of damages to be
$1,500,000 ($750,000 for past
| PARK S ANDRECRE AT ION . OR G
appealed, arguing
Plaintiff did not present sufficient
evidence for the jury to conclude
the City and its employees' actions
were willful and wanton under the
exception to governmental immunity
in Illinois law.
Supervision Immunity
The issue on appeal was, therefore,
whether the evidence in this case
established the City was entitled to
immunity under the Illinois Local
Governmental and Governmental
Employees Tort Immunity Act
(Act) (745 ILCS 10/1-101 et seq.
(West 2006)). As cited by the appeals
court, section 3-108(a) of the
Act (745 ILCS 10/3-108(a) (West
2006) stated the following:
[E]xcept as otherwise provided
in this Act, neither a local public
entity nor a public employee who
undertakes to supervise an activity
on or the use of any public property
is liable for an injury unless
the local public entity or public
employee is guilty of willful and
wanton conduct in its supervision
August 2023 - Parks & Recreation

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