Hoye v. Illinois Power Co.

Plaintiffs Ray and Nethella (also spelled Nathellah in the record) Hoye appeal from an order of the circuit court of Macon County dismissing their second-amended complaint against defendant Illinois Power Company for failure to state a cause of action. Plaintiffs sought to recover damages for personal injuries to Ray and Nethella’s loss of consortium after Ray was rendered a quadriplegic when he dove off a pontoon boat into Clinton Lake. Plaintiffs attempted to recover under theories of negligence and willful and wanton misconduct.

The issues on appeal are whether (1) defendant is immune from…