BARMORE v. ELMORE 83 Ill.App.3d 1056, 403 N.E.2d 1355 (1980). CASE BRIEF

BARMORE V. ELMORE

83 Ill.App.3d 1056, 403 N.E.2d 1355 (1980).

NATURE OF THE CASE: Barmore (P) appealed a directed verdict in favor of Elmore (D), which found that in P's negligence action, Ds did not owe a duty to warn P of potential criminal acts of Ds' son.

FACTS: P came to Ds' home. P and D were officers of a Masonic Lodge, and P's purpose was to discuss lodge business. Thomas Elmore, Jr., D's 47-year-old son, entered the living room with a steak knife. Thomas, Jr., said 'You've been talking about me,' and advanced toward P. Thomas, Sr., tried to restrain his son while P left the house. Thomas, Jr., was able get away from his father, and he followed P out of the house where he stabbed P several times in the chest area. Thomas, Sr., followed his son out of the house, and when he saw that P had been injured, he summoned help. P sued Ds alleging that Ds were negligent in that they failed to warn P of a dangerous and defective condition upon their premises; failed to provide proper security to protect P from injury by Ds' son; failed to prevent their son from injuring P; and failed to exercise reasonable care for the safety of P. P alleged damages of medical expenses; lost earnings; and is now permanently disfigured. The evidence at trial consisted of testimony concerning the mental illnesses of Thomas, Jr., and of three prior violent incidents in which he was involved. The trial court directed a verdict for D. P's basic contention is that Ds, as landowners, were negligent in failing to protect him from a dangerous condition upon their premises -- namely their son who had a history of mental illness. The extent of Ds' duty in this regard is based in part on whether P had the status of an invitee or of a licensee at the time he visited the premises of Ds. The trial court assumed for purposes of deciding the motion for a directed verdict that P was a business invitee, although he made no specific findings on this issue.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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