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Appelhans v. McFall

757 N.E.2d 987 (2001)

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Appelhans v. McFall

Illinois Appellate Court

757 N.E.2d 987 (2001)

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Facts

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

Issue

Holding and Reasoning (Byrne, J.)

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