Fuller v. Justice

Plaintiff, Brenda Fuller, a minor, appeals from the order of the circuit court of Winnebago County granting defendant’s motion for summary judgment. Plaintiff’s count I alleged wilful and wanton actions or omission of defendant which caused plaintiff’s injuries, and count II was based on a negligence theory patterned on Kahn v. James Burton Co. (1955), 5 Ill. 2d 614. After defendant filed an answer and depositions were taken, defendant filed a motion for summary judgment. Plaintiff filed her response to defendant’s motion, and the court held a hearing on the motion. By letter opinion, the…