Lott v. Strang - 312 Ill. App. 3d 521, 245 Ill. Dec. 154, 727 N.E.2d 407 (2000)

Rule:

To establish negligent parental supervision, a plaintiff must show that (1) the parents were aware of specific instances of prior conduct sufficient to put them on notice that the act complained of was likely to occur, and (2) the parents had the opportunity to control the child.

Facts:

In September 1998, plaintiffs, Roger and Jean Lott, sued defendants Wayne and Bonnie Seehausen and the estate of their son, William Seehausen, an unemancipated minor, for damages resulting from an automobile collision. The Lotts alleged that William's negligence caused the collision. In counts IV, V, and VI of their complaint, the Lotts further alleged that Wayne and Bonnie's negligent supervision of William was a proximate cause of their injuries. The trial court struck those allegations and dismissed the Lotts' common-law claims against Wayne and Bonnie, pursuant to section 2-615 of the Code of Civil Procedure (Code). The Lotts brought this interlocutory appeal, arguing that their complaint stated a cause of action against Wayne and Bonnie.

Issue:

Were the Lotts able to establish negligent parental supervision on the part of Wayne and Bonnie?

Answer:

No.

Conclusion:

The court affirmed the judgment. The Lotts were unable to establish negligent parental supervision. Knowing that their son had a car accident one year earlier did not constitute knowledge of prior conduct sufficient to put Wayne and Bonnie on notice that their son's collision with the Lotts was likely to occur. The Lotts did not allege that specific circumstances arose which presented an opportunity for Wayne and Bonnie to intervene and prevent their injury.