Supervision: Willful and Wanton Misconduct

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Barnett v. The Zion Park District

Supreme Court of Illinois

665 N.E. 2d 808

April 16, 1996

The Port Shiloh swimming complex, owned and operated by the Zion Park District in Illinois, includes a pool referred to as the "deep" pool, another called the "south" pool, and a third called the "baby" pool. The deep pool is 75 feet long and 45 feet wide, and 3 feet deep at the shallow end and 11 feet deep at the deep end.

On June 9, 1990-the first day of the swimming season-11 lifeguards were on duty at the three swimming pools. Six guards were on duty at the deep pool, although the Illinois Department of Public Health regulations required only two or three. All six were certified by the American Red Cross in lifesaving, CPR, and first aid--in accordance with public health requirements--and they had received additional emergency training from the …