Allendorf v. Redfearn

State: Illinois

Court: 2nd District Appellate

Docket No: 2-11-0130 Official Reports

Case Date: 07/25/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Allendorf v. Redfearn, 2011 IL App (2d) 110130

Appellate Court Caption

KEITH ALLENDORF, Plaintiff-Appellee, v. CLIFFORD REDFEARN and CAROL REDFEARN, Defendants-Appellants.

District & No.

Second District Docket No. 2-11-0130 July 25, 2011 In an action for the injuries plaintiff farmhand suffered while helping his employers round up a bull that had gotten loose, the appellate court answered two certified questions relating to whether the trial court properly denied the employers' motion to dismiss plaintiff's complaint by stating that the common-law negligence claim was not barred by the ATV Statute or the absence of a duty owed to plaintiff by defendants, because plaintiff was defendants' employee, that relationship gave rise to a duty to provide a safe place to work, he agreed to their request for help, they provided him with an ATV, the roundup occurred on defendants' property and his assistance constituted valuable consideration, and in answer to the second question, the appellate court declared that a claim under the Running at Large Act was precluded because plaintiff was defendants' employee and he was attempting to exercise control over the bull. Appeal from the Circuit Court of Jo Daviess County, No. 10-L-10; the Hon. William A. Kelly, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Certified questions answered; cause remanded. Michael Resis, of SmithAmundsen LLC, of Chicago, and Raymond J. Melton, of SmithAmundsen LLC, of Rockford, for appellants. Thomas J. Nack, of Nack, Richardson & Kurt, of Galena, for appellee.

Panel

JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justices Zenoff and Hudson concurred in the judgment and opinion.

OPINION

Download Allendorf v. Redfearn.pdf