Keener v. City of Herrin

              1
NOTICE
Decision filed 10/06/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-06-0501
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________________
JENNIFER KEENER, Individually and as ) Appeal from the
Administrator of the Estate of ) Circuit Court of
Chelsea Keener, Deceased, ) Williamson County.
)
Plaintiff-Appellant, ))
v. ) No. 04-L-146
)
THE CITY OF HERRIN, ) Honorable
) Ronald R. Eckiss,
Defendant-Appellee. ) Judge, presiding.
_________________________________________________________________________
PRESIDING JUSTICE STEWART delivered the opinion of the court:
The plaintiff, Jennifer Keener (Jennifer), appeals from an order of the circuit court
of Williamson County granting a motion to dismiss her amended complaint in favor of the
defendant, the City of Herrin (Herrin). We reverse in part and remand.
BACKGROUND
Jennifer is the natural mother of Chelsea Keener (Chelsea). A vehicle struck and
killed Chelsea during the early morning hours of August 9, 2003, as she walked along a
public street in Herrin, Illinois. On July 30, 2004, Jennifer filed a complaint against Herrin,
and in her complaint, she alleged that Herrin was responsible for Chelsea's death under
theories of negligence and wilful and wanton conduct. Jennifer brought the complaint
individually and as the administrator of Chelsea's estate.
Jennifer alleged in her complaint that in the evening of August 8, 2003, and into the
early morning hours of August 9, 2003, Chelsea, who was 18 years old, consumed alcoholic
beverages to the point of intoxication. At approximately 3:30 a.m., officers for the Herrin