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LOWRIE v. CITY OF EVANSTON

No. 76-301.

50 Ill. App.3d 376 (1977)

365 N.E.2d 923

ELIZABETH J. LOWRIE, Indiv. and as Adm'x of the Estate of John A. Lowrie, Deceased, Plaintiff-Appellant, v. THE CITY OF EVANSTON et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 24, 1977.

Attorney(s) appearing for the Case

Donald M. Haskell and Daniel J. Pope, both of Chicago (Haskell & Perrin, of counsel), for appellant.

Charles E. Eklund and Victor J. Piekarski, of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellee The City of Evanston.

Clausen, Miller, Gorman, Caffrey & Witous, of Chicago (James T. Ferrini, Stephen D. Marcus, and Thomas H. Ryerson, of counsel), for appellee Ralph E. Albrecht.

Ruff and Grotefeld, Ltd., of Chicago (John J. Reidy and John P. Blake, of counsel), for appellee E.W. Corrigan Construction Company.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith and Jean Hamm, of counsel), for appellee Loeble, Schlossman, Bennett & Dart, Inc.

Richard E. Mueller and Richard F. Johnson, both of Lord, Bissell & Brook, of Chicago, for appellee DeLeuw, Cather & Co.

Judgment affirmed and cause remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

This appeal involves the propriety of an order dismissing counts I and II, sounding in strict products liability and implied warranty respectively, of plaintiff's second amended complaint (hereafter the complaint).

It was generally alleged in counts I and II that the death of plaintiff's decedent resulted from injuries received in a fall from an...

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