MR. PRESIDING JUSTICE BURKE delivered the opinion of the court.
This was an action to recover damages for the wrongful death of plaintiff's deceased, a Chicago public school teacher who was killed while on the premises of the school to which she had been assigned. Appeal is taken from the order entered on motion of the City of Chicago, striking Count I of the complaint and dismissing the action as to the City. Plaintiff maintains that, under the circumstances alleged in Count I of the complaint, the City owed a duty to the deceased to furnish police protection, and that the doctrine of governmental immunity does not absolve the City from liability. We disagree.
The complaint alleges, inter alia, that Josephine M. Keane was employed by the City of Chicago Board of Education as a school teacher and was assigned to the Lewis-Champlin Grade School in that capacity. The complaint alleges that on April 20, 1961, Mrs. Keane while on the school premises in her capacity as a school teacher was assaulted and killed by Lee Arthur Hester, a student enrolled at the school. It further alleges that the City was negligent in failing to assign police protection to the school, although it knew or should have known that failure to provide this protection would result in harm to persons lawfully on the premises in the removal of police protection from the school prior to April 20, 1961, although it knew or should have known of the dangerous condition then existing at the school and in permitting a dangerous condition to exist at the school.
The City's motion to strike Count I of the complaint alleged that the operation of the police department was a
Plaintiff requests this Court to "take one step further in the decimation of the doctrine of governmental immunity," by holding the City liable as a matter of law. Plaintiff reasons that because the death of Mrs. Keane occurred after the decision in the case of Molitor v. Kaneland Community Unit Dist. No. 302, 18 Ill.2d 11, 163 N.E.2d 89, which altered the doctrine of governmental immunity from liability arising out of the torts committed by governmental employees, but before the effective date of the "Local Governmental and Governmental Employees Tort Immunity Act" of 1965 (Ill Rev Stats 1965, c 85, Par 1-101 et seq.), this Court may and should extend the doctrine set out in the Molitor case to include the circumstances of the instant case.
For these reasons the order is affirmed.
McNAMARA and LYONS, JJ., concur.