File v. Duewer

Plaintiff, Fred File, brought suit against defendant, Raymond Duewer, seeking damages for injuries caused by a heifer owned by defendant. The trial court granted summary judgment against plaintiff on his amended complaint seeking relief under the Animal Control Act (510 ILCS 5/16 (West 2002)) and granted plaintiff leave to refile under the Illinois Domestic Animals Running at Large Act (Running at Large Act) (510 ILCS 55/1 (West 2002)). After plaintiff did so, the trial court again granted summary judgment against plaintiff. Plaintiff appeals, contending his suit is properly brought under the…