Hutchings v. Bauer

Plaintiff, Michael Hutchings, brought an action against defendants, Eugene and Elizabeth Bauer, as a result of a motorcycle accident in Wauconda Township, Illinois. Plaintiff’s two-count complaint alleged negligence and willful and wanton conduct on the part of defendants. Defendants moved for summary judgment, arguing that, under section 368 of the Restatement (Second) of Torts, they owed no duty to plaintiff in this case. The trial court granted defendants’ motion, finding that no genuine issue of material fact was present, and that under the authority of Battisfore v. Moraites (1989), 186…