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ORAVEK v. COMMUNITY SCHOOL DIST. 146

No. 1-93-0320.

637 N.E.2d 554 (1994)

264 Ill.App.3d 895

202 Ill.Dec. 15

Kimberly ORAVEK, a minor, by her mother and next friend, Kathy Brann, Plaintiff-Appellant, v. COMMUNITY SCHOOL DISTRICT 146, Defendant-Appellee (Mark J. Liscak, a minor, Jerry Liscak and Anna Liscak, Defendants).

Appellate Court of Illinois, First District, Third Division.

June 22, 1994.

Attorney(s) appearing for the Case

James A. Stamos & Associates, Chtd., Chicago, for appellant.

Jack F. Clifford & Associates, Ltd., Chicago (John W. Clifford, Thomas J. Finnegan, Jr., of counsel), for appellee.

Justice GREIMAN delivered the opinion of the court:

In this personal injury case, plaintiff Kimberly Oravek, a minor, by her mother and next friend, Kathy Brann, appeals the trial court's order which granted the motion of defendant Community School District 146 to dismiss count II of her fourth amended complaint alleging wilful and wanton conduct.

On appeal plaintiff contends that the question of wilful and wanton conduct must be decided by the trier of fact...

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