BENNER v. BELL

No. 4-91-0738.

602 N.E.2d 896 (1992)

236 Ill. App.3d 761

177 Ill.Dec. 1

Jill M. BENNER, Cara Burwell, Dustin J. Benner, a minor by Jill M. BENNER, his Mother and Next Friend, and Eric L. Benner, a minor by Jill M. Benner, his Mother and Next Friend, Plaintiffs-Appellants, v. Roger C. BELL and Martha K. Yeakel, Defendants (Levi E. Schrock, Defendant-Appellee).

Appellate Court of Illinois, Fourth District.

October 29, 1992.


Attorney(s) appearing for the Case

Gregory D. Fombelle, James E. Zachry, Bruger, Fombelle, Zachry & Rathbun, P.C., Decatur, for plaintiffs-appellants.

Marc J. Ansel, Erwin, Martinkus, Cole & Ansel, Ltd., Champaign, for defendant-appellee.


Justice COOK delivered the opinion of the court:

Plaintiffs brought this action to recover damages allegedly occasioned by defendant Schrock's operation of his horse-drawn buggy. The circuit court of Moultrie County entered summary judgment in favor of Schrock. Plaintiffs appeal, arguing that Schrock's failure to illuminate his buggy was a proximate cause of their injuries. We affirm.

The facts are, unless indicated, agreed upon by the parties. About 6 p.m...

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