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WIDLOWSKI v. DURKEE FOODS

No. 69588.

562 N.E.2d 967 (1990)

138 Ill.2d 369

150 Ill.Dec. 164

Patricia WIDLOWSKI, Appellee, v. DURKEE FOODS, DIVISION OF SCM CORPORATION, et al. Durkee Foods, Division of SCM Corporation, Appellant.

Supreme Court of Illinois.

October 18, 1990.

Attorney(s) appearing for the Case

Gessler, Flynn, Fleischmann, Hughes & Socol, Ltd., Chicago (Thomas J. Fleischmann, William Paul Jones, Terence E. Flynn and Kimberley Marsh, of counsel), for appellant.

Leahy & Donovan, Chicago (Mark N. Pera and Tom Leahy, of counsel), and Roy D. Simon, Jr., of St. Louis, Mo., for appellee.

Law Office of Jeffrey M. Marks, Chicago (Clark M. Raymond, of counsel), for amicus curiae Illinois Trial Lawyers Ass'n.

Chief Justice THOMAS J. MORAN delivered the opinion of the court:

Plaintiff, Patricia Widlowski, filed a two-count negligence action against defendants, Durkee Foods, Division of SCM Corporation (Durkee Foods), and Larry Wells. The circuit court of Cook County granted Durkee Foods' motion to dismiss (Ill.Rev.Stat. 1983, ch. 110, par. 2-615). The appellate court, with one justice dissenting, reversed and remanded the cause to the circuit court. (

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