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HELLER v. SULLIVAN

No. 77-252.

57 Ill. App.3d 190 (1978)

372 N.E.2d 1036

DAVID B. HELLER, Plaintiff-Appellee, v. TIMOTHY MICHAEL SULLIVAN, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed January 25, 1978.

Attorney(s) appearing for the Case

Jerome A. DePalma, of Gentile & DePalma, of Barrington (Richard J. Belmonte, of counsel), for appellant.

David C. Roston, of Chicago (Lieberman, Levy, Baron & Stone, Ltd., of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE SIMON delivered the opinion of the court:

At issue is whether the circuit court erred in concluding there was no genuine issue as to any material fact and whether granting the plaintiff summary judgment on the complaint and counterclaim was proper.

Defendant Timothy Sullivan has been a horse trainer and riding instructor for several years. In the spring of 1974 he met Lee Heller, the plaintiff's minor daughter, at...

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