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HENSON v. ZIEGLER

No. 3-94-0324.

665 N.E.2d 877 (1996)

Ronald G. HENSON and Alice U. Henson, as Independent Co-Administrators of the Estate of Rebecca Lynn Henson, a minor, now deceased, Plaintiffs-Appellants, Cross-Appellees, v. Danny L. ZIEGLER and Kathie J. Ziegler, individually and as spouse of the other, Defendants-Appellees, Cross-Appellants.

Appellate Court of Illinois, Third District.

May 14, 1996.

Attorney(s) appearing for the Case

Patrick J. Murphy, Law Offices of Kevin R. Galley, Lacon, for Alice U. Henson, Ronald G. Henson.

Daniel Johns, Westervelt, Johnson, Nicoll Keller, Peoria, Michael T. Reagan, Herbolsheimer, Lannon, Henson, Duncan Reagan, P.C., Ottawa, for Danny L. Ziegler, Kathie J. Ziegler.

Presiding Justice BRESLIN delivered the opinion of the court:

The plaintiffs, Ronald and Alice Henson, brought this wrongful death action following the drowning of six-year old Rebecca Henson in an above-ground swimming pool owned by the defendants, Danny and Kathy Ziegler. The defendants moved for summary judgment, arguing that they owed no duty of care to Rebecca, inasmuch as the swimming pool was an open and obvious danger which they reasonably expected Rebecca...

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