Johnson v. Bishop

              3--08--0271
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Filed February 10, 2009
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2009
TODD JOHNSON, ) Appeal from the Circuit Court
) For the 10th Judicial Circuit
Plaintiff-Appellant, ) Peoria County, Illinois
)
v. ) No. 06-L-203
)
THOMAS BISHOP, ROBERT )
SONNEMAKER and DAVID McLEOD, ))
Honorable
Defendants-Appellees. ) Kevin R. Galley,
) Judge, Presiding
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PRESIDING JUSTICE O’BRIEN delivered the opinion of the court:
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Following his injury in a vehicle collision, plaintiff Todd Johnson brought a suit
sounding in negligence against defendants Robert Sonnemaker and David McLeod in which
Johnson alleged the defendants were negligent in failing to prevent defendant Thomas Bishop,
the driver of the other vehicle involved in the collision, from gaining access to the keys of the
vehicle, which belonged to Sonnemaker. Sonnemaker and McLeod filed a motion to dismiss the
counts against them under section 2-619 of the Code of Civil Procedure (the Code) (735 ILCS
5/2-619 (West 2004)). The trial court granted their motion and Johnson follows with this appeal.
We affirm the trial court.
FACTS
On December 3, 2005, plaintiff Todd Johnson was involved in a vehicular collision in
which the vehicle he was driving collided with a Ford Taurus driven by defendant Tom Bishop.