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Wakulich v. Mraz

Illinois Appellate Court
751 N.E.2d 1(2001)


Facts

Wakulich, a sixteen-year-old girl, was visiting the home of the two Mraz brothers (defendants). The Mraz brothers dared Wakulich to drink an entire bottle of liquor, which she accomplished. However, Wakulich lost consciousness and began vomiting. The Mraz brothers moved Wakulich downstairs and placed her on a couch. They later came back to check on Wakulich and removed her vomit-soaked blouse and placed a pillow under her head. When other members of the Mraz family offered to call 911, the brothers prevented them from doing so. The Mraz brothers then brought Wakulich to her friend’s house. The friend brought Wakulich to a hospital, where she died of alcohol poisoning. Wakulich’s family (plaintiffs) brought a wrongful death action against the Mraz brothers, alleging that the brothers owed Wakulich a duty of reasonable care after voluntarily undertaking steps to care for her. The trial court dismissed the case in favor of the Mraz brothers.

Rule of Law

Issue

Holding and Reasoning (McBride, J.)

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