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Barmore v. Elmore, 83 Ill. App. 3d 1056, 403 N.E. 2d 1355 (1980)

Plaintiff and Defendant were both officers at the Masonic Lodge.  One day, Plaintiff came to Defendant’s house to discuss business.  Defendant’s 47-year-old son, apparently in some episode of paranoia or similar, thought that Plaintiff had been talking about him.  Defendant’s son assaulted Plaintiff with a steak knife.  Plaintiff brought action against Defendant for injuries and the trial court entered directed verdict in favor of Defendant.   Plaintiff appealed.

The Court of Appeal faced the issue of whether Defendant had a duty to warn Plaintiff of his son’s attack.  The Court ruled in the negative. 

The Court reasoned that even though Plaintiff was a licensee (a social guest), Defendants did not have particular knowledge that their son had bout of mental illness.  Even though there was sucn incidence 10 years ago, the Court reasoned that it was not foreseeable for Defendant that his son would attack Plaintiff.

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