Venezky v. Central Illinois Light Co.

Plaintiffs, Julian and Madeline Venezky, appeal from a judgment of the circuit court of Peoria County granting defendant’s motion to dismiss. Pursuant to an order entered by the supreme court on February 22, 1988, the three justices of the Appellate Court for the Second District who are deciding this case were assigned to sit as justices of the Appellate Court for the Third District. On appeal, plaintiffs argue that the motion to dismiss was improperly granted because defendant had a duty to use reasonable care, defendant did not raise affirmative matter as required by section 2 — 619(aX9) of…