Taylor v. Bi-County Health Department

State: Illinois

Court: 5th District Appellate

Docket No: 5-09-0475 Official Reports

Case Date: 08/04/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Taylor v. Bi-County Health Department, 2011 IL App (5th) 090475

Appellate Court Caption

LOGAN TAYLOR, a Minor, Through His Mother, Cora Taylor, and CORA TAYLOR, Individually, Plaintiffs-Appellants, v. BI-COUNTY HEALTH DEPARTMENT, Defendant-Appellee, and NANCY BIRNER, M.D., and RED BUD INTERNAL MEDICINE AND PEDIATRICS, Defendants.

District & No.

Fifth District Docket No. 5-09-0475 August 4, 2011 The trial court properly dismissed plaintiffs' action alleging that defendant health department was negligent in failing to administer Prevnar as part of the childhood vaccines given to the minor plaintiff on the grounds that defendant had no individual duty to the minor, and, further, in the absence of evidence of control, plaintiffs could not establish the special duty exception to the public duty rule, and defendant did not voluntarily undertake a duty, and in the absence of any duty, no claim under a willful and wanton conduct theory could be maintained.

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

Appeal from the Circuit Court of Randolph County, No. 07-L-7; the Hon. William A. Schuwerk, Jr., Judge, presiding.

Judgment

Affirmed; cause remanded.

Counsel on Appeal

Lanny H. Darr II, of Schrempf, Kelly, Napp & Darr, Ltd., of Alton, for appellants. Donald J. Dahlmann, of Waler & Williams, P.C., of Belleville, and Christopher B. Turney and Steven B. Moore, both of Rasmussen Willis, Dickey & Moore, of Kansas City, Missouri, for appellee.

Panel

JUSTICE STEWART delivered the judgment of the court, with opinion. Justices Welch and Donovan concurred in the judgment and opinion.

OPINION

Download Taylor v. Bi-County Health Department.pdf