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Griffin v. Bruner

Case Date: 07/15/2003
Court: 2nd District Appellate
Docket No: 2-02-0898 Rel

No. 2--02--0898

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

ANGELIC GRIFFIN and ) Appeal from the Circuit Court
ANTHONY LOWE, ) of Winnebago County.
)
               Plaintiffs-Appellants, )
)
v.  )

No. 01--LM--1550
)
RODNEY BRUNER and CENTURY 21 )
COUNTRY NORTH, INC., )
)
             Defendants-Appellees )
)
(Randy Stultz and Harold ) Honorable
Carter d/b/a Carter Realty, ) Timothy R. Gill,
Defendants). ) Judge, Presiding.

JUSTICE KAPALA delivered the opinion of the court:

Plaintiffs, Angelic Griffin and Anthony Lowe, appeal from anorder of the circuit court of Winnebago County granting the motionof defendants Rodney Bruner and Century 21 Country North (Century21) to dismiss pursuant to section 2--615 of the Code of CivilProcedure (735 ILCS 5/2--615 (West 2000)) and dismissing count IIof plaintiffs' amended complaint. For the following reasons, weaffirm.

BACKGROUND

Plaintiffs filed a four-count, amended complaint, allegingthat they purchased a residence from defendant Randy Stultz.Defendant Harold Carter, d/b/a Carter Realty, was Stultz's realestate agent. Bruner was plaintiffs' agent but was compensated viaan arrangement with Carter to receive part of the proceeds of thecommission from the sale of the house. After plaintiffs tookpossession, their minor son became ill with lead poisoning. Asubsequent inspection by a licensed lead inspector revealed harmfullevels of lead in several rooms throughout the house.

Count II is the only count directed at Bruner and Century 21. It is alleged in count II that Bruner knowingly violated section4852d(a)(4) of the Residential Lead-Based Paint Hazard ReductionAct of 1992 (Act) (42 U.S.C.