Zahray v. Emricson

The plaintiff, James E. Treece, the administrator of the estate of his deceased son, James, charged in the first count of his amended complaint for wrongful death that on January 27, 1966, his intestate, James Douglas Treece, was a student attending physical education class on premises of the defendant school district used as a high school in Union County, Illinois. The count set forth that the class was instructed, conducted and supervised by an employee or employees of the district and that during such class James was caused or permitted to participate in a certain tumbling stunt which involved rolling over a pyramid-like formation of other students and in doing this James received injuries Page 138 from which he died on February 9, 1966. It was claimed that these fatal injuries were the result of the defendant school districts negligence in failing to have such physical education class in which James was participating carefully conducted or in permitting James to participate in class activities without proper instruction or supervision. Count III of the complaint charged the defendant, George Bridewell, a physical education instructor employed by the defendant school district, with substantially the same conduct and alleged that this constituted negligence on his part which resulted in the death of the plaintiffs intestate. In the second and fourth counts the plaintiff set forth personal claims, as the father of the deceased James, for hospital, medical, ambulance and funeral expenses incurred.