Charles Enis and Jacqueline Enis, Minors by Sarah Enis, Their Mother and Next Friend v. Ba-Call Building Corporation, a Corporation

FAIRCHILD, Chief Judge.

In this diversity action controlled by Illinois law, plaintiffs appeal from an order of the district court dismissing their tort action for failure to state a claim upon which relief could be granted. We reverse and remand for further proceedings.

There is no dispute about the facts involved in this action. Defendant Ba-Call Building Corporation (Ba-Call), an Illinois corporation, owned a multiple dwelling unit in Maywood, Illinois. Plaintiffs Charles Enis and Jacqueline Enis lived with their mother Sarah Enis in that building in October and November of 1976. Sarah Enis…