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McKINNON v. THOMPSON

No. 2-00-1255.

758 N.E.2d 316 (2001)

325 Ill. App.3d 241

259 Ill.Dec. 193

Frieda McKINNON, as Mother of Aaron A. McKinnon, a Minor, Plaintiff-Appellant, v. Rick THOMPSON, Indiv. and as Agent, Employee, and/or Servant of West Aurora School District 129, and West Aurora School District 129, Defendants-Appellees (Washington Middle School, a Member School Under the West Aurora School District 129, Defendant).

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing October 9, 2001.

Attorney(s) appearing for the Case

Nicholas C. Syregelas, Law Offices of Nicholas c. Syregelas, Chicago, for Aaron A. and Frieda McKinnon.

Wayne F. Plaza, Cheryl A. Warzynski, Rooks, Pitts & Poust, Chicago, Peter K. Wilson Jr., Mickey, Wilson, Weiler & Renzi, P.C., Aurora, for Rick Thompson, Washington Middle School, West Aurora School Dist. 129.

Modified Upon Denial of Rehearing

Justice BOWMAN delivered the opinion of the court:

Aaron McKinnon, by his mother, plaintiff Frieda McKinnon, appeals from an order entered by the circuit court of Kane County dismissing with prejudice his cause of action against defendants Rick Thompson and West Aurora School District 129 (District 129) pursuant to section 2-619(a)(5) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(5) (West 1998)). Washington...

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