WELLS v. ENDICOTT

Nos. 5-11-0570, 5-12-0116.

990 N.E.2d 263 (2013)

2013 IL App (5th) 110570

371 Ill. Dec. 363

Matthew C. WELLS, as Special Administrator of the Estate of Joseph M. Schoolfield, Deceased, Plaintiff-Appellant, v. Scott P. ENDICOTT and Valerie J. Schoolfield, Defendants, and Dennis R. Endicott, Kimberly D. Endicott, Sophia Rawlings, and Erwin McEwen, Director of Children and Family Services, Sued Individually, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted May 31, 2013.

Rehearing Denied July 1, 2013.


Attorney(s) appearing for the Case

Michael V. Oltmann , Michael R. Bilbrey , Law Offices of Michael R. Bilbrey, P.C., Glen Carbon, IL, for Appellant.

Lisa Madigan , Attorney General of Illinois, Chicago ( Michael A. Scodro , Solicitor General, Mary E. Welsh , Assistant Attorney General, of counsel), for appellee Erwin McEwen.

Richard A. Cary , Wham & Wham Lawyers, Centralia, IL, Jeffery A. Cain , Freeark, Harvey & Mendillo, Belleville, IL, attorneys for appellees Dennis R. Endicott and Kimberly D. Endicott.

Tara I. Enlish , Stephen C. Mudge , Reed, Armstrong, Mudge & Morrissey, P.C., Edwardsville, IL, for appellee Sophia Rawlings.


OPINION

Justice STEWART delivered the judgment of the court, with opinion.

¶ 1 In this appeal we review the dismissal of a complaint. In 2009, a three-year-old boy was severely beaten by his mother's paramour, and he eventually died from his injuries. The boy's natural father brought suit against the paramour's parents alleging that they negligently failed to protect the minor after voluntarily allowing him to live with his mother in their home. The...

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