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02/05/87 Jacob Campbell, By His v. William W. Haiges Et Al.

February 5, 1987

DONNELLAN, PLAINTIFF-APPELLANT

v.

WILLIAM W. HAIGES ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

JACOB CAMPBELL, by his Next Friend and Mother, Marie

504 N.E.2d 200, 152 Ill. App. 3d 246, 105 Ill. Dec. 331 1987.IL.134

Appeal from the Circuit Court of McHenry County; the Hon. Michael J. Sullivan, Judge, presiding.

APPELLATE Judges:

JUSTICE HOPF delivered the opinion of the court. LINDBERG, P.J., and UNVERZAGT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOPF

Plaintiff, Jacob Campbell, appeals the order of the circuit court of McHenry County granting summary judgment as to count I of his complaint in favor of defendants William and Diane Haiges, and dismissing count II as to defendants Mr. and Mrs. Michael Gibbs.

Plaintiff, a minor child suing by his mother, Marie Donnellan, filed his complaint on April 19, 1985. The complaint was subsequently amended several times, with the final version being filed February 24, 1986. The trial court granted the Haiges' motion for summary judgment and the Gibbs' motion to dismiss with prejudice on March 25, 1986, and plaintiff appeals. The complaint alleges in relevant part that on May 22, 1981, plaintiff was severely injured while playing on property owned by the Gibbses when he was attacked and mauled by the Haiges' child, along with the Gibbs' child. The complaint further alleges that the child had been entrusted to the care of the Gibbses, who had been operating an unlicensed baby-sitting service in their home.

As to the Haiges, the complaint alleges that they were negligent in one or more of the following ways:

"a. Failed to exercise reasonable care so as to control their minor child from so conducting itself as to create an unreasonable risk of bodily harm to others.

b. Neglected to control and supervise minor children of tender years, playing on property owned or controlled by them.

c. Neglected to supervise and control their own children of tender years.

d. Allowed and encouraged their children to play unsupervised and uncontrolled.

e. Allowed and encouraged others in general to engage in uncontrolled ...


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