DECEMBER 11, 2006
JAYLYN HARLIN, a Minor by and )
through her Mother and Next Friend ) Appeal from the
Wanda Harlin, and WANDA HARLIN ) Circuit Court of
Individually, ) Cook County.
v. ) No. 03 L 7923
SEARS ROEBUCK AND COMPANY, ) The Honorable
) Michael J. Hogan,
Defendant-Appellee. ) Judge Presiding.
JUSTICE GARCIA delivered the opinion of the court.
Plaintiff Jaylyn Harlin, a minor, by and through plaintiff
Wanda Harlin, her mother and next friend, and Wanda Harlin,
individually, filed suit against the defendant Sears Roebuck and
Company after Jaylyn sustained injuries after falling and hitting
her head on a display stand at a Sears department store. The
trial court granted Sears's motion for summary judgment. The
plaintiffs appeal, contending: (1) the trial court made
procedural errors in granting summary judgment; (2) issues of
material fact exist to preclude summary judgment; and (3) the
trial court erred by in effect precluding the plaintiffs from
filing an amended complaint. For the reasons that follow, we