[DOWNLOAD] "Fuller v. Justice" by Illinois Appellate Court — Second District Judgment Affirmed * eBook PDF Kindle ePub Free

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eBook details

• Title: Fuller v. Justice
• Author : Illinois Appellate Court — Second District Judgment Affirmed
• Release Date : January 06, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Plaintiff, Brenda Fuller, a minor, appeals from the order of the circuit court of Winnebago County granting defendant's motion for summary judgment. Plaintiff's count I alleged wilful and wanton actions or omission of defendant which caused plaintiff's injuries, and count II was based on a negligence theory patterned on Kahn v. James Burton Co. (1955), 5 Ill.2d 614. After defendant filed an answer and depositions were taken, defendant filed a motion for summary judgment. Plaintiff filed her response to defendant's motion, and the court held a hearing on the motion. By letter opinion, the court granted defendant's motion specifically ruling that [u]pon review of pleadings, interrogatories, and depositions, the court finds that the plaintiff had to appreciate the risk of standing on the log. The court entered an order granting defendant's motion. Plaintiff filed a timely notice of appeal. We affirm. On December 14, 1980, in the afternoon, plaintiff was playing with defendant's daughter, Cecilia, at defendant's residence. Plaintiff's family and defendant were neighbors living across the street from one another. At the time of the injury, Cecilia was eight and plaintiff was 14 years old. When she was very young, plaintiff had contracted spinal meningitis. As a result of the illness, plaintiff remained out of school for two years, but she never missed a grade level. While at the time of trial she was in a grade two years younger than her age group, she maintained a C average in school and had never been set back nor had she failed to pass any grade level. Plaintiff testified she had previously suffered seizures (epilepsy) and was taking Phenobarbital and Dilantin during the period surrounding the day she was injured.

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