CHU v. BOWERS

No. 3-95-0232.

656 N.E.2d 436 (1995)

275 Ill.App.3d 861

212 Ill.Dec. 113

Miriam CHU, a minor, by her mother and next friend Eunsook Chu, Plaintiff-Appellant, v. Elizabeth BOWERS, Defendant-Appellee.

Appellate Court of Illinois, Third District.

September 28, 1995.


Attorney(s) appearing for the Case

Donovan S. Robertson (argued), Cyr & Robertson, Moline, for Eunsook Chu and Miriam Chu.

Robert T. Park (argued), Katz, McAndrews, Balch, Lefstein Feiweger, Rock Island, for Elizabeth Bowers.


Justice BRESLIN delivered the opinion of the court:

We are asked in this interlocutory appeal to decide whether the tender years doctrine, which prohibits a child under the age of seven from being found contributorily negligent, is displaced by a provision in the Illinois Vehicle Code. We hold that the tender years doctrine bars the defense of comparative negligence as a matter of law in cases where a child under the age of seven is injured while riding a bicycle...

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