GENGLER v. HERRINGTON

No. 2-91-0045.

579 N.E.2d 412 (1991)

219 Ill. App.3d 6

161 Ill.Dec. 864

Joseph GENGLER, a Minor, by Mary E. Gengler, his Mother and Next Friend, Plaintiff-Appellant, v. Norman HERRINGTON, Defendant-Appellee (Rheem Manufacturing Company, Inc., et al., Defendants).

Appellate Court of Illinois, Second District.

September 20, 1991.


Attorney(s) appearing for the Case

Gooding & Goblet, Meg E. Goblet, Aurora, for Joseph and Mary E. Gengler.

Rooks, Pitts & Poust, Robert J. Baron, Joliet, Querrey, Harrow & Callahan, P.C., Geneva, Thomas P. Scherschel, Michael Resis, Querrey & Harrow, Ltd., for Rheem Mfg. Co., Robertshaw Controls, Inc., Norman Herrington, Marjorie Herrington.


Justice GEIGER delivered the opinion of the court:

The minor plaintiff, Joseph Gengler, born February 5, 1986, appeals from a summary judgment entered in favor of the defendant, Norman Herrington, on October 11, 1990. The plaintiff's motion to reconsider the judgment was denied on December 12, 1990, and this timely appeal followed. The issue presented on appeal is whether, as a matter of law, the defendant breached a duty of care to the plaintiff. We affirm.

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