Milz v. M.J. Meadows, Inc.

This is an appeal from the dismissal of count III of plaintiff’s second amended complaint seeking recovery for personal injuries and property damages. On appeal, plaintiff contends that the trial court erred in finding that defendant owed no duty to plaintiff, and that defendant’s motion to dismiss under section 2 — 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 619) (the Code) was procedurally improper.

On November 29, 1989, plaintiff, Douglas Milz, brought suit against defendant, M.J. Meadows, Inc., and codefendants PNP Landscaping, Inc. (PNP), and PNP’s…