Barr v. Groll

PRESIDING JUSTICE RARICK

delivered the opinion of the court:

Plaintiff, Ivan Barr, brought this action in the circuit court of Christian County seeking to recover for injuries he sustained when his motorcycle struck a dog belonging to defendants. The action was brought pursuant to the Animal Control Act (Ill. Rev. Stat. 1983, ch. 8, par. 351 et seq.).

Prior to trial, Barr filed a motion for summary judgment on the issue of liability, and attached to the motion the depositions of the parties and affidavits of the police officers who responded and of the sole occurrence eyewitness, Don Rakers. The…