Henrich v. Libertyville High School

JUSTICE McMORROW,

also dissenting:

The General Assembly’s amendment to section 3 — 108 of the Tort Immunity Act (745 ILCS 10/3 — 108 (West 1994)), effective December 2, 1998, excludes willful and wanton conduct from the immunity granted by the statute. The amendment further fortifies the conclusion I advocated in this opinion and elsewhere (see Barnett v. Zion Park District, 171 Ill. 2d 378, 399 (1996) (McMorrow, J., dissenting)), namely, that our legislature never intended to immunize willful and wanton conduct in the immunity provisions of section 3 — 108.