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DEARING v. BAUMGARDNER

No. 3-04-0465.

831 N.E.2d 1187 (2005)

358 Ill. App.3d 540

294 Ill.Dec. 862

Kenneth DEARING, Plaintiff-Appellee, v. Richard BAUMGARDNER and Peggy Baumgardner, Defendants-Appellants (Lisa Olson and Ronald Olson, Defendants).

Appellate Court of Illinois, Third District.

June 29, 2005.

Attorney(s) appearing for the Case

Kimberly Jansen, Joshua G. Vincent (argued), John R. Felton, William Cassian, Hinshaw & Culbertson LLP, Chicago, for Richard Baumgardner.

Troy A. Lundquist, Pedro Cervantes (argued), Mangan, Langhenry, Gillen & Lundquist, Joliet, for Kenneth Dearing.

Justice McDADE delivered the opinion of the court:

In this case from the circuit court of Will County, the court is presented with the following certified question on interlocutory appeal:

"In a situation where Social Guests A & B criminally attack Social Guest C, can Social Guests A & B constitute a dangerous condition of the premises, imposing a duty to warn or a duty to otherwise protect, upon the Social Host/Premises Landowner where the Social...

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