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BUSILLO v. HETZEL

No. 77-663.

58 Ill. App.3d 682 (1978)

374 N.E.2d 1090

FRANK BUSILLO, JR., a Minor, by Frank Busillo, his Father and Next Friend, Plaintiff-Appellant, v. DOROTHY HETZEL, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed March 31, 1978.

Attorney(s) appearing for the Case

Robert J. Millman, of Chicago (Sidney Z. Karasik, of counsel), for appellant.

No appearance for appellee.

Reversed and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Plaintiff, a minor, brought this action by his father against defendant, his paternal grandmother, alleging that he sustained injury as a result of her negligence. The court sustained defendant's motion to dismiss holding that she stood in loco parentis to plaintiff and that she therefore could not be sued by plaintiff in negligence. On appeal, plaintiff contends that defendant...

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