Wallace v. Smyth

PRESIDING JUSTICE LEAVITT

delivered the opinion of the court:

On July 16, 1996, Shandoulia Wallace filed her second amended complaint alleging the defendants acted negligently, willfully, and wantonly with regard to Waketta Wallace (Waketta). The judge subsequently granted the defendants’ motion to dismiss the negligence claims. She held Illinois’ parental immunity doctrine shielded the defendants from liability for negligence because they stood in loco parentis to Waketta. We reverse and remand.

Twelve-year-old Waketta, a ward of Illinois, was, on July 11, 1989, temporarily residing at…