Illinois – Second District – Court properly entered summary judgment for Defendant homeowner in wrongful death action arising from toddler’s drowning in Defendant’s above-ground swimming pool.

Perez
v. The Illinois Concealed Carry Licensing Review Board, 2016 IL App (1st)
152087 (September 14, 2016) DuPage Co. (ZENOFF) Affirmed.

Court properly entered summary judgment for Defendant homeowner in wrongful
death action arising from toddler’s drowning in Defendant’s above-ground
swimming pool. Distraction exception is inapplicable, as clothes rack placed in
front of deck stairs did not hide the pool, and items stacked around pool for
garage sale did not obstruct view of pool. It was not foreseeable that
toddler’s father, aunt, and grandparents, who brought him to Defendant’s home
for garage sale, would fail to supervise their children adequately. Sole
proximate cause of toddler’s death was his father’s unforeseeable failure to
supervise toddler adequately. (JORGENSEN and SPENCE, concurring.)