Illinois Appellate Court
Civil Court
Tort Law
Plaintiff filed suit against the owners of a rooming house where he was renting a room after he was attacked and injured by another renter. The complaint alleged negligence, violation of the Premises Liability Act, and breach of implied warranty. The trial court granted the defendants’ 2-615 motion to dismiss with prejudice finding that they did not owe a duty of care to the plaintiff. The appellate court affirmed the dismissal, but vacated the portion of the order dismissing the complaint with prejudice, permitting the plaintiff to replead his allegations. (BURKE and ELLIS, concurring)