State Farm Fire & Casualty Co. v. Holeczy

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This appeal is from summary judgment in an action for a declaration of rights under a policy of insurance issued to defendants by plaintiff.

The facts giving rise to this litigation are undisputed. On May 28, 1981, three-year-old Pierre Holeczy sustained serious injuries to his leg when he came in contact with the blade of a riding lawn mower being operated by his brother, Robert, to mow the family lawn. On September 9, 1981, an action was instituted on behalf of Pierre by his father, defendant Leslie Holeczy, against the…