## Facts

- Mary Jane Fallon, a sixth-grade student, participated in a physical education class at Indian Trail School.
- Students used a trampoline during class; Fallon attempted a “front drop” and sustained serious spinal injuries.
- Fallon sued the school, the school district, and two physical education teachers.
- The amended complaint alleged: (I) strict liability based on an “abnormally dangerous instrumentality” (the trampoline); (II) negligence in selecting and using an “abnormally dangerous” apparatus; (III) negligent hiring and supervision of the teachers; and (IV) willful and wanton misconduct in conducting and supervising the activity.
- The circuit court dismissed Counts I–III on defendants’ motion; Count IV remained pending.
- Fallon appealed the dismissal of Counts I–III.

## Issues

1. Whether alleging that a trampoline used in a school physical education program is an “abnormally dangerous instrumentality” states a strict-liability claim.
2. Whether alleging negligence based on the selection and use of an allegedly “abnormally dangerous” trampoline states a negligence claim against the school and district.
3. Whether the complaint sufficiently pleaded negligent hiring and supervision of the physical education teachers.

## Decision

- The appellate court affirmed dismissal of Counts I–III.
- Count I failed because Illinois strict liability did not extend to the pleaded theory that a trampoline in this setting constituted an “abnormally dangerous instrumentality” warranting strict liability.
- Count II failed because the “abnormally dangerous” characterization was conclusory and did not plead a breach of a recognized negligence duty with supporting factual allegations.
- Count III failed because it did not plead specific facts showing teacher unfitness, the school district’s actual or constructive knowledge, and proximate causation.
- The court limited its review to Counts I–III; the willful and wanton misconduct claim (Count IV) remained unresolved in the trial court.

## Legal Principles

- On review of a motion to dismiss, well-pleaded facts and reasonable inferences are accepted as true, but legal conclusions and labels do not cure an otherwise deficient pleading.
- Strict liability in Illinois is confined to recognized doctrinal categories (including certain abnormally dangerous activities); use of a trampoline in school physical education, as pleaded, did not fit those categories.
- A negligence claim must allege facts supporting a duty, breach, and causation; conclusory assertions that an instrumentality is “abnormally dangerous” are insufficient without facts showing breach of a recognized standard of care.
- Negligent hiring or supervision requires factual allegations that an employee was unfit, that the employer knew or should have known of the unfitness, and that the hiring or supervision failure proximately caused the injury.

## Conclusion

The court upheld dismissal of Fallon’s strict-liability and negligence theories because the complaint did not state a recognized strict-liability basis for trampoline use in school physical education and did not plead nonconclusory facts establishing negligence or negligent hiring/supervision; only the willful and wanton misconduct claim remained pending.


Fallon v. Indian Trail Sch., Addison Twp. Sch. Dist. No. 4, 148 Ill. App. 3d 931, 500 N.E.2d 101 (Ill. App. Ct. 2d Dist. 1986)