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Case Law Update: Plain Sight Negligence

Johnson v. Bishop, No. 2-08-0271 (2-10-09) is a case that affirmed plaintiff’s complaint, alleging that defendants negligently allowed person who was staying overnight in their apartment to gain access to the keys to one of their vehicles, and cause automobile collision, in which plaintiff was injured, is subject to 2-619 dismissal. Affidavits and depositions of defendants demonstrate that keys were not kept in plain sight; and that vehicle was taken without knowledge or permission. This case will impact all negligence lawsuits.