Illinois Appellate Court, Second District
403 N.E.2d 1355 (Ill.App. 1980)
Leon Barmore (plaintiff) was invited to the home of Thomas and Esther Elmore (defendants). During the visit, the Elmores’ son attacked Barmore with a knife and stabbed him. The Elmores’ son, who had a history of mental illness, but no history of violence within the previous ten years, lived at the home. Barmore and Mr. Elmore were members of a Masonic Lodge and had discussed the organization during the visit prior to the incident. Barmore brought suit against the Elmores, claiming that they were negligent as landowners in failing to protect him from a dangerous condition in the home. The Circuit Court of Winnebago County directed a verdict for the Elmores. Barmore appealed.
Rule of Law
Holding and Reasoning (Lindberg, J.)
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