Badillo v. DeVivo

Plaintiff Helen Badillo appeals the dismissal of count VI of her amended complaint seeking damages for injuries she allegedly sustained as a result of defendant’s negligent failure to prevent the commission of a physical attack upon her by a third party. For the reasons set forth below, we affirm.

Since we are determining the propriety of a motion to dismiss, the following properly pleaded facts contained in plaintiff’s amended complaint are admitted as true. (Magana v. Elie (1982), 108 Ill. App. 3d 1028, 439 N.E.2d 1319.) On May 15, 1985, plaintiff, while a patron at Peter’s One Two Three…