Iseberg v. Gross

State: Illinois

Docket No: 103332 Rel

Case Date: 09/20/2007

Preview:Docket No. 103332.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

MITCHELL M. ISEBERG, Indiv. and as an Officer and Director of the Leikam Farm Development Corporation, et al., Appellants, v. SHELDON GROSS, Indiv. and as an Officer, Director, Partner, Agent, and/or Joint Adventurer of the Vernonshire Auto Laundry Group, Inc., et al., Appellees. Opinion filed September 20, 2007.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Fitzgerald, Kilbride, Garman, and Karmeier concurred in the judgment and opinion. Justice Freeman took no part in the decision.

OPINION In this interlocutory appeal, plaintiffs, Mitchell Iseberg (Iseberg) and his wife, Carol, seek reversal of the order dismissing with prejudice count I of their third amended complaint, brought against defendants, Sheldon Gross (Gross) and Henry Frank (Frank). In count I, plaintiffs alleged that Gross and Frank were negligent because they failed to warn Iseberg that a former mutual business partner, Edward Slavin (Slavin), had made threats against Iseberg's life. Slavin later acted on his threats and shot Iseberg, rendering him a paraplegic.

The trial court dismissed the claim pursuant to section 2

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