Smith v. Lane

This appeal involves a passenger in a horse-drawn carriage, who was injured when the carriage went off the road and overturned. The passenger, Connie Smith, brought suit in Lawrence County, Illinois, against the driver of the carriage, Todd Lane, and the owner of the horse and carriage, Gregory Lane. She alleged both negligence and strict liability under the Animal Control Act (510 ILCS 5/1 et seq. (West 1996)). The defendants filed a motion pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 1996)) to dismiss the complaint, asserting that the carriage ride…