Illinois Supreme Court Refuses To Consider Argument That Is Not Fully Briefed

A student suffered a spinal cord injury when he used a mini-trampoline during a school extracurricular tumbling program. The student sued the board of education, the youth center, and the center’s instructor. The trial court granted summary judgment to defendants. The appellate court affirmed. The Illinois Supreme Court affirmed the first time it considered the case. But on rehearing, the supreme court reversed.

The student’s amended Complaint alleged a “failure to guard or warn of a dangerous condition” exception to the immunity defense. But the appellate court did not expressly address the propriety of the exception. The supreme court declined to address the question because “this issue was not fully briefed and argued . . .”

See the whole case, Murray v. Chicago Youth Center, No. 99457 (2/16/07), by clicking here.