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JOHNSON v. MYERS

No. 71-45.

2 Ill. App.3d 844 (1972)

277 N.E.2d 778

GEORGE JOHNSON, Indiv. and as father and next friend of JANET JOHNSON et al., Plaintiffs-Appellants, v. PHYLLIS MYERS, Admr. of Estate of SIDNEY A. JOHNSON, Deceased, Defendant-Appellee.

Appellate Court of Illinois — Second District.

January 11, 1972.

Attorney(s) appearing for the Case

Lee Phillip Forman, of Chicago, for appellant.

Rathje, Woodward, Dyer & Burt, of Wheaton, for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

We are asked to decide whether the rule of parental immunity bars an action by unemancipated minors to recover damages for personal injuries alleged to have been caused by the ordinary negligence of a parent, now deceased, in the operation of a motor vehicle.

The complaint by George Johnson, as the father and next friend of Janet Johnson and Cynthia Johnson minors under...

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