Barmore v. Elmore

403 N.E.2d 1355, 83 Ill.App.3d 1056 (1980)

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Barmore v. Elmore

Illinois Appellate Court
403 N.E.2d 1355, 83 Ill.App.3d 1056 (1980)

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Facts

Thomas Elmore Sr. and Esther Elmore (defendants) owned a home. The Elmores’ 47-year-old son, Thomas Elmore Jr. (defendant), had a history of emotional disorders. Thomas Jr. had been violent two or three times in the distant past. In the 10 years since his last violent episode, Thomas Jr. had received treatment, held a job, and lived on his own. Thomas Jr. had recently moved in with his parents after losing his job. Thomas Sr. invited his friend and fellow Masonic Lodge officer Leon Barmore (plaintiff) to the family home to discuss lodge business. During the visit, Thomas Jr. attacked Barmore with a steak knife, injuring him. In addition to suing Thomas Jr. for assault, Barmore sued Thomas Sr. and Esther for the tort of negligence. Barmore alleged that he was an invitee in the Elmores’ home and that Thomas Sr. and Esther had breached a duty to warn Barmore about a dangerous condition in their home—Thomas Jr.—which resulted in Barmore being injured. The trial court ruled that, as a matter of law, Thomas Sr. and Esther had not breached any duty they owed to Barmore and entered a directed verdict dismissing Barmore’s negligence claim. Barmore appealed to the Illinois Appellate Court.

Rule of Law

Issue

Holding and Reasoning (Lindberg, J.)

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