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Cates v. Cates

156 Ill. 2d 76 (1993)

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Cates v. Cates

Illinois Supreme Court
156 Ill. 2d 76 (1993)

KL

Facts

Four-year-old Heather Cates (plaintiff) was injured in a motor-vehicle accident. Heather’s father, Timothy Cates (defendant), was driving the vehicle when it collided with another vehicle. Heather’s parents were divorced, and Timothy was exercising his noncustodial-parent-visitation rights at the time of the accident. Heather’s mother, Nancy Cates Schmittling (plaintiff), filed a negligence claim on Heather’s behalf against Timothy and others. Timothy filed a motion for summary judgment, asserting that Heather and Nancy’s claim was barred by parental immunity. The trial court granted the motion, and Heather and Nancy appealed. The appellate court abolished parental immunity in automobile-negligence cases and reversed the trial court’s judgment. Timothy appealed to the Illinois Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Freeman, J.)

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