Kindel v. Tennis 

Illinois Appellate Court
Civil Court
Animal Control Act
Citation
Case Number: 
No. 5-10-0403
Decision Date: 
Wednesday, May 25, 2011
District: 
5th Dist.
Division/County: 
Wabash Co.
Holding: 
Reversed and remanded.
Justice: 
SPOMER
(Court opinion corrected 6/10/11.) Plaintiff was injured by a bull which, he alleged, was owned and controlled by Defendants while he was working for them. Plaintiff sued for injuries, alleging negligence and violation of Animal Control Act. Court improperly dismissed Animal Control Act counts, per Section 2-615 of Code of Civil Procedure. Question of ownership, under Animal Control Act, is normally a question of fact, to be determined by trier of fact; and no case law bars an employee of animal owner from recovery under Animal Control Act. (DONOVAN and WEXSTTEN, concurring.)