Schenk v. Schenk

This is a suit by a father against his seventeen-year-old, unemancipated daughter for injuries sustained when she negligently ran into him with an automobile while he was a pedestrian on the streets of Bloomington. Defendant’s motion to dismiss was allowed, plaintiff elected to stand on his complaint, and the trial court entered a judgment in bar of the suit. The trial court’s action was based on the proposition that absent any allegations of willful and wanton misconduct on the part of the defendant, no cause of action is stated. Both sides seem to agree that the judgment order so entered…