O'NEIL v. KRUPP

No. 3-91-0449.

589 N.E.2d 185 (1992)

226 Ill. App.3d 622

168 Ill.Dec. 71

Daniel A. O'NEIL, Administrator of the Estate of James D. O'Neil, Deceased, and Daniel A. O'Neil, Individually, Plaintiff-Appellant, v. Irene B. KRUPP, Jerry Schultz and Barbara Schultz, Defendants-Appellees.

Appellate Court of Illinois, Third District.

March 12, 1992.


Attorney(s) appearing for the Case

Anthony C. Raccuglia (argued), Anthony C. Raccuglia & Associates, Peru, for Daniel A. O'Neil.

Raymond P. Fabricius (argued), Hupp, Lanuti, Irion & Martin, Ottawa, for Jerry and Barbara Schultz.

Michael T. Reagan, Herbolsheimer Lannon Henson Duncan & Reagan, Ottawa.


Justice SLATER delivered the opinion of the court:

Plaintiff, Daniel O'Neil, appeals the dismissal of four counts of his amended complaint which alleged that defendants, Jerry and Barbara Schultz, breached their statutory duty of care to plaintiff's decedent by violating two city ordinances. We reverse and remand.

On August 7, 1989, plaintiff's 14 year old son, James O'Neil, was riding his bike through the intersection of 15th Street and Gilman Avenue in Mendota...

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