Barnett v. Ludwig and Company

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-1053 NRel

Case Date: 11/04/2011

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Appellate Court

Barnett v. Ludwig & Co., 2011 IL App (2d) 101053

Appellate Court Caption

CAROLYN BARNETT, Individually and as Special Administrator of the Estate of Darius Smith, Deceased, Plaintiff-Appellant, v. LUDWIG AND COMPANY and LAKE TOWERS ASSOCIATES, II, LLP, Individually and d/b/a Cinnamon Lake Towers, Defendants-Appellees.

District & No.

Second District Docket No. 2-10-1053 November 4, 2011 The trial court properly entered summary judgment for defendants in a negligence action arising from the drowning of plaintiff's 17-year-old decedent in a swimming pool at defendants' apartment complex, notwithstanding plaintiff's allegations that there was no lifeguard, that the pool attendant did not attempt to stop "dangerous activities" or act to assist decedent and that defendants failed to comply with the Swimming Facility Act, since defendants had no duty to decedent to provide a lifeguard, and even if a duty could be derived from the Act, that duty was fulfilled by the posting of the proper notice in lieu of providing a lifeguard. Appeal from the Circuit Court of Lake County, No. 08-L-912; the Hon. Margaret J. Mullen, Judge, presiding. Affirmed.

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

Scott B. Gibson, of Gibson & Associates, Ltd., of Waukegan, for appellant. Anthony J. Ritrovato and Mara H. Weinstein, both of Maisel & Associates, of Naperville, for appellees.

Panel

JUSTICE BIRKETT delivered the judgment of the court, with opinion. Presiding Justice Jorgensen and Justice Hudson concurred in the judgment and opinion.

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