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WALLACE v. SMYTH

No. 1-97-0467.

703 N.E.2d 416 (1998)

301 Ill. App.3d 75

234 Ill.Dec. 555

Shandoulia WALLACE, individually and as administrator of the estate of Waketta Roy Wallace, deceased, Plaintiff-Appellant, v. John P. SMYTH, Paul Voltz, Laura Angelucci, Xavier Collier, individually and as agents and employees of Maryville Academy, and Maryville Academy, a not-for-profit corporation; Jill Jacobe, Jim Geidner, Dee Le Bel, R.N., individually and as employees of Maryville Academy, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied December 4, 1998.

Attorney(s) appearing for the Case

Stanley L. Hill & Associates, Chicago, for Plaintiff-Appellant.

Robert C. Yelton, III and Jeffrey Edward Kehl from Dowd & Dowd, Ltd., Chicago, for Defendants-Appellees.

Presiding Justice LEAVITT delivered the opinion of the court:

On July 16, 1996, Shandoulia Wallace filed her Second Amended Complaint alleging the defendants acted negligently, willfully, and wantonly with regard to Waketta Wallace (Waketta). The judge subsequently granted the defendants' motion to dismiss the negligence claims. She held Illinois' parental immunity doctrine shielded the defendants from liability for negligence because they stood in loco parentis...

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