POELKER v. WARRENSBURG LATHAM COMMUNITY UNIT SCHOOL DIST.

No. 4-93-0023.

621 N.E.2d 940 (1993)

251 Ill. App.3d 270

190 Ill.Dec. 487

Ty M. POELKER, by Carl R. Poelker and Peggy I. Poelker, his Parents and next friends, and Carl R. Poelker and Peggy I. Poelker, Individually, Plaintiffs-Appellants, v. WARRENSBURG LATHAM COMMUNITY UNIT SCHOOL DISTRICT NO. 11, and Macon Community Unit School District No. 5, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

September 30, 1993.

Rehearing Denied November 5, 1993.


Attorney(s) appearing for the Case

Darrel F. Parish, argued, Linda M. Castleman, Roberts, Parish & Castleman, Ltd., Decatur, for plaintiffs-appellants.

Nicholas J. Neiers, argued, Rhonda L. Richards, Samuels, Miller, Schroeder, Jackson & Sly, Decatur, for Macon Community Unit School Dist. No. 5.

Allen Verchota, III, argued, John F. Bramfeld, Phebus, Tummelson, Bryan & Knox, Urbana, for Warrensburg Latham Community Unit School Dist. No. 11.


Justice KNECHT delivered the opinion of the court:

Plaintiff Ty Poelker was injured by a discus thrown by a classmate while they were preparing to participate in a track meet at Macon Community Unit School District (Macon). Ty attended Warrensburg-Latham Community Unit School District (Warrensburg-Latham). Ty and his parents brought an action in Macon County circuit court against both school districts. Upon remand from this court (Poelker v. Macon Community Unit...

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