HUTCHINGS v. BAUER

No. 2-90-0689.

571 N.E.2d 169 (1991)

212 Ill. App.3d 172

156 Ill.Dec. 582

Michael HUTCHINGS, Plaintiff-Appellant, v. Eugene BAUER, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

April 17, 1991.


Attorney(s) appearing for the Case

Rudolph F. Magna, Jr., Gurnee, for Michael Hutchings.

Glen E. Amundsen, Ellen S. Martin, Michael Resis (argued), Querrey & Harrow, Ltd., Chicago, for Eugene and Elizabeth Bauer.


Justice BOWMAN delivered the opinion of the court:

Plaintiff, Michael Hutchings, brought an action against defendants, Eugene and Elizabeth Bauer, as a result of a motorcycle accident in Wauconda Township, Illinois. Plaintiff's two-count complaint alleged negligence and willful and wanton conduct on the part of defendants. Defendants moved for summary judgment, arguing that, under section 368 of the Restatement (Second) of Torts, they owed no duty to plaintiff in...

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