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KLITZKA EX REL. TEUTONICO v. HELLIOS

No. 2-03-0334.

810 N.E.2d 252 (2004)

348 Ill.App.3d 594

284 Ill.Dec. 599

Alexus KLITZKA, a Minor, by Patricia TEUTONICO, Her Mother and Next Friend, Plaintiff-Appellant, v. Michael HELLIOS and Trudy Hellios, Defendants-Appellees (Mark Hellios and Amanda Hellios, Defendants).

Appellate Court of Illinois, Second District.

Rehearing Denied June 14, 2004.

Attorney(s) appearing for the Case

Todd A. Heller, Bruce A. Slivnick, Law Offices of Todd A. Heller & Associates, Deerfield, for Alexus Klitzka, Patricia Teutonico.

Philip A. Prossnitz, Law Office of Theodore A.E. Poehlmann, P.C., Woodstock, for Amanda Hellios, Mark Hellios, Michael Hellios, Trudy Hellios.

Justice BYRNE delivered the opinion of the court:

This appeal presents an issue of first impression in Illinois: under what circumstances does a landlord owe a duty of care to his tenant's invitees to prevent injury from an attack by an animal kept by the tenant on the leased premises? On April 17, 2000, plaintiff, Alexus Klitzka, and her mother visited the home of defendants Mark and Amanda Hellios, where Alexus was bitten in the face by the couple's dog, Haley....

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