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Keywords

settlementdefendantappealtrialsummary judgmentlease
settlementdefendantappealtrialsummary judgmentlease

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Villalobos v. Cicero School Dist. 99, 362 Ill.App.3d 704, 841 N.E.2d 87, 298 Ill.Dec. 944

Facts

On May 12, 1999, Hilda Villalobos was injured in a collision involving a school bus driven by Gloria Knowles. Hilda's father, Antonio, signed releases on her behalf after receiving a settlement offer from Allstate Insurance. The releases were signed without court approval, and Hilda later challenged their validity, arguing that they were obtained through misrepresentation and that her parents lacked the authority to settle her claims without judicial consent.

On May 12, 1999, Hilda Villalobos was injured in a collision involving a school bus driven by Gloria Knowles. Hilda's father, Antonio, signed releases on her behalf after receiving a settlement offer from Allstate Insurance.

Issue

Did the releases signed by Hilda's parents on her behalf constitute a valid settlement of her claims, and were they enforceable without court approval?

Did the releases signed by Hilda's parents on her behalf constitute a valid settlement of her claims, and were they enforceable without court approval?

Rule

Under Illinois law, a minor's claims cannot be settled without court approval, and any release signed by a parent on behalf of a minor is unenforceable unless such approval is obtained.

Under Illinois law, a minor's claims cannot be settled without court approval, and any release signed by a parent on behalf of a minor is unenforceable unless such approval is obtained.

Analysis

The court analyzed the circumstances surrounding the signing of the releases, noting that Hilda was not a party to the agreements and that her parents had no legal authority to settle her claims without court approval. The court emphasized that the releases were unenforceable and that Hilda's subsequent actions indicated a disaffirmance of the agreements.

The court analyzed the circumstances surrounding the signing of the releases, noting that Hilda was not a party to the agreements and that her parents had no legal authority to settle her claims without court approval.

Conclusion

The Appellate Court reversed the Circuit Court's summary judgment in favor of the defendants and remanded the case for trial, determining that the releases were unenforceable due to the lack of court approval.

The Appellate Court reversed the Circuit Court's summary judgment in favor of the defendants and remanded the case for trial, determining that the releases were unenforceable due to the lack of court approval.

Who won?

Hilda Villalobos prevailed in the appeal because the court found that the releases signed by her parents were unenforceable without court approval.

Hilda Villalobos prevailed in the appeal because the court found that the releases signed by her parents were unenforceable without court approval.

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