Illinois Appellate Court
757 N.E.2d 987 (2001)
Maxine Appelhans (plaintiff) fell and broke her hip when William McFall (William) (defendant), a five-year-old, collided into her from behind as he rode his bicycle. William’s parents (defendants) were not watching William when the accident occurred. Appelhans sued William and his parents in an Illinois state court, alleging that William had negligently caused her injury and that his parents had been negligent in failing to properly supervise and instruct him. Appelhans’s complaint did not allege any specific prior incidents involving William’s failure to safely ride his bike, nor did she assert that William’s parents had the opportunity to control William at the time of the accident. The McFalls moved to dismiss Appelhans’s complaint. The trial court granted their motion on the grounds that Appelhans had failed to allege facts in support of the parents’ negligence and that William’s age precluded his liability as a matter of law. Appelhans appealed.
Rule of Law
Holding and Reasoning (Byrne, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.