Busillo v. Hetzel

Plaintiff, a minor, brought this action by his father against defendant, his paternal grandmother, alleging that he sustained injury as a result of her negligence. The court sustained defendant’s motion to dismiss holding that she stood in loco parentis to plaintiff and that she therefore could not be sued by plaintiff in negligence. On appeal, plaintiff contends that defendant does not fall within the purview of the Illinois parental immunity doctrine.

Count I of plaintiff’s complaint alleged that during the daylight hours of September 15, 16, 17 and 18, 1975, plaintiff, two years old, was in…