(Download) "Zimmermann v. Netemeyer" by Illinois Appellate Court — Fifth District Judgment Affirmed # Book PDF Kindle ePub Free
eBook details
- Title: Zimmermann v. Netemeyer
- Author : Illinois Appellate Court — Fifth District Judgment Affirmed
- Release Date : January 10, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Rehearing denied March 16, 1984. Plaintiff appeals the dismissal of count II of his amended complaint for personal injuries for its failure to state a cause of action. The defendants are tavern keepers doing business in Albers, Illinois, as The Diamond Tavern or The Diamond Lounge (tavern). The amended complaint alleges that the tavern has a parking lot for patrons on its south side, which abutted Illinois Route 161 and lacked a shoulder area. Plaintiff was a passenger in a car being driven in a westerly direction on Route 161 in the evening hours of June 1, 1978. A patron left defendant's tavern, entered his car which was parked head-in in the parking lot and, without his headlights on and as a maneuver made necessary by the size and location of defendant's parking lot, backed his car onto Route 161 and into the path of the car in which plaintiff was riding, thus causing a collision in which plaintiff was injured. We are to consider whether under the facts of this case the defendants-landowners were under a duty to take measures for the protection of the plaintiff from the injury he received. We hold that they were not under any such duty.