U-46 Fights Wrongful Death Lawsuit

ELGIN, IL – The attorney for Elgin Area School District U-46 says the school district should not be held financially liable for the death of a fifth-grader at Highland Elementary School. The parents of the 11-year-old boy have filed a wrongful death lawsuit against Elgin Area School District U-46 and the school, claiming negligence led to the Elgin boy's death in May 2017, the Daily Herald reports. But the school district’s attorney, Michael Hernandez, says the lawsuit should be thrown out since district employees are protected under the Governmental Employee Tort Immunity Act. The lawsuit alleges the boy, who suffered from a severe seizure disorder and was asthmatic, was in an unsupervised classroom when he started to shake, fell and hit his head, according to the article.

• Lawsuit: U-46, Elgin School Negligent In 5th Grader's Death

The suit also claims school personnel were called but did not offer appropriate medical care, promptly call 911, perform CPR or supervise the classroom, according to the article. The boy carried an inhaler and the suit says school employees, who know of the boy’s condition, did not find or use it.

Hernandez says the lawsuit fails to show the boy suffered from seizures while playing tag in the past, according to the article. This could qualify as "willful and wanton" conduct – an exception to the act, according to the Daily Herald.

The wrongful death lawsuit is seeking unspecified damages and both sides are expected back in court on Dec. 4.

More via the Daily Herald

PHOTO VIA SHUTTERSTOCK