Whitten v. Luck

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (5th) 120513
Decision Date: 
March 13, 2014
District: 
5th Dist.
Division/County: 
Montgomery Co.
Justice: 
WELCH
Holding: 
Affirmed.
Plaintiff was injured when he lost control of his motorcycle when dog ran into his path on trail adjacent to Defendants' farm. Dog was owned by tenant of Defendants. Court properly entered summary judgment for Defendants after finding that as matter of law Defendants were not owners of dog per Animal Control Act, as Defendants were absentee landlords who did not own, possess, or have right to care for or control the dog, even though it was harbored in barn on their property, and tenants were not allowed to have pets inside house. (SPOMER, concurring; GOLDENHERSH, dissenting.)