GIRALDI v. COMMUNITY CONSOL. SCHOOL DIST. # 62

No. 1-93-2023.

665 N.E.2d 332 (1996)

Daniel GIRALDI, a Minor, by Thomas GIRALDI, His Father and Next Friend; and Debra Giraldi and Thomas Giraldi, Plaintiffs-Appellants, v. COMMUNITY CONSOLIDATED SCHOOL DISTRICT # 62 and Septran, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied May 20, 1996.


Attorney(s) appearing for the Case

Robert W. Karr and Associates, Ltd., Chicago (David A. Novoselsky, Linda A. Bryceland, David A. Novoselsky & Associates, of counsel), for appellants.

Williams & Montgomery, Ltd., Chicago (James K. Horstman, Barry L. Kroll, C. Barry Montgomery, Lloyd E. Williams, Jr., of counsel), for appellee Septran, Inc.


Justice WOLFSON delivered the opinion of the court:

During the 1983-84 school year Daniel Giraldi attended the morning kindergarten session at Forest Elementary School in Des Plaines, within District 62. He was transported to school on a school bus owned by Septran, Inc. The bus was driven by James Lamson.

On May 14, 1986, Lamson pleaded guilty but mentally ill to a charge of "aggravated criminal sexual assault on Danny Giraldi" committed during the 1983-84...

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