Janis v. Graham

State: Illinois

Court: 2nd District Appellate

Docket No: 2-09-0814 NRel

Case Date: 03/10/2011

Preview:No. 2--09--0814 Opinion filed March 10, 2011 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ DEBORAH JANIS, ) Appeal from the Circuit Court ) of Kane County. Plaintiff-Appellant, ) ) v. ) No. 08--L--500 ) SCOTT GRAHAM, DONNA GRAHAM, ) PHILLIP WARNER, and SANDI WARNER, ) Honorable ) Stephen Sullivan, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Zenoff and Burke concurred in the judgment and opinion. OPINION Plaintiff, Deborah Janis, appeals from the trial court's order dismissing with prejudice count II of her third amended complaint and denying her leave to file a fourth amended complaint. We affirm. On September 2, 2008, Janis filed a two-count complaint in the circuit court of Kane County, seeking damages in excess of $50,000 for injuries sustained when she was allegedly knocked to the ground by dogs owned by defendants, Scott and Donna Graham and Phillip and Sandi Warner. The dogs were allegedly "running loose and without restraint or supervision." Count I was brought under section 16 of the Animal Control Act (Act) (510 ILCS 5/16 (West 2006)). Count II alleged a

No. 2--09--0814 violation of section 90.03(B) of chapter 90 of title IX of the South Elgin Code of Ordinances, which provided: "No dog or other animal shall be permitted to run at large in the village [at] any time. It shall be the duty of the owner or any other person who has in his custody or control a dog or other animal to keep the same safely and securely tied or confined at all times." South Elgin Code of Ordinances

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