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REED v. GARDNER

No. 91-3173.

986 F.2d 1122 (1993)

Richard REED, individually and as administrator of the decedents' estates of Pamela Jo Reed and Jason Wesley Reed, and as guardian of the estates of Angela Reed and Marilyn Reed, minors, and Marilyn Kuykendall and Roy Kuykendall, Plaintiffs-Appellants, v. Trooper GARDNER, Chief Herman A. Davidson, City of Martinsville, Deputy Sheriff James F. Bender, Clark County, Illinois, Deputy Sheriff Jack Ragsdale and Jasper County, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1993.

Attorney(s) appearing for the Case

Mary Coffey (argued), St. Louis, MO, for plaintiffs-appellants.

Jan E. Hughes, Asst. Atty. Gen., Mark E. Wilson (argued), Office of the Atty. Gen., Civil Appeals Div., Chicago, IL, for defendant-appellee Thomas Gardner, Trooper.

Byron D. Knight, Janella L. Barbrow (argued), Elizabeth A. Knight, John J. Kohnke, Knight, Hoppe, Fanning & Knight, Des Plaines, IL, for defendants-appellees Herman A. Davidson and City of Martinsville.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, IL, John A. Ess, Kent L. Plotner, Heyl, Royster, Voelker & Allen, Edwardsville, IL, for defendants-appellees James F. Bender and Clark County.

William L. Berry, Jr., Dunham, Boman & Leskera, Belleville, IL, for defendants-appellees Jasper County, IL, and Jack Ragsdale.

Before POSNER and FLAUM, Circuit Judges, and ZAGEL, District Judge.

FLAUM, Circuit Judge.

The Reed family suffered a tragic accident on September 11, 1988, when a drunk driver crossed the center line of the highway and crashed into their car. Earlier that day, defendants Gardner, Davidson, and Bender had arrested the original driver of the car, leaving a drunk passenger behind. That passenger became the drunk driver who caused the head-on collision approximately two hours later. The plaintiffs appeal from the district court's dismissal...

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