October 22, 2008
DANIEL MITCHELL, a Minor, by his Legal Guardian, ) Appeal from
Shirley Lambert, ) the Circuit Court
) of Cook County.
v. ) No. 06 L 5486
SPECIAL EDUCATION JOINT AGREEMENT )
SCHOOL DISTRICT NO. 208, ) Honorable
) John A. Ward,
Defendant-Appellee. ) Judge Presiding.
JUSTICE THEIS delivered the opinion of the court:
Plaintiff, Daniel Mitchell, a minor, by his legal guardian, Shirley Lambert, appeals from
the order of the circuit court of Cook County granting the motion for summary judgment filed by
defendant, the Special Education Joint Agreement School District No. 208 (the school). The
circuit court found that Daniel failed to raise a genuine issue of material fact regarding whether
school employees acted willfully and wantonly in failing to supervise him. Daniel challenges
that conclusion on appeal. We affirm.
Daniel suffers from Downs Syndrome, is profoundly mentally delayed, is not able to
speak, and is severely hearing impaired. He also requires assistance with all of his daily
functions, including with meals. Daniel was a special education student at the defendant school,