Wakulich v. Mraz

In this appeal we review the dismissal of a complaint pursuant to section 2 — 615 of the Code of Civil Procedure (Code). 735 ILCS 5/2 — 615 (West 2000). Generally, plaintiff alleged that defendants were negligent in providing an alcoholic beverage to plaintiffs minor daughter, and negligent in their performance of a voluntary undertaking to care for the minor after she became unconscious, such negligence proximately causing her death. In deciding whether the first claim was properly dismissed, we must consider whether this court should revisit and overturn its decision in Charles v.…