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MOON v. SMITH

No. 2-95-0275.

658 N.E.2d 856 (1995)

276 Ill.App.3d 958

213 Ill.Dec. 107

Jean MOON, Independent Adm'r of Estate of Timothy Richard Moon, Deceased, Plaintiff-Appellant, v. Greg SMITH, d/b/a G.S. Construction, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

December 8, 1995.

Attorney(s) appearing for the Case

Devon C. Bruce, Chicago, Todd A. Smith, Power Rogers & Smith, P.C., Chicago, for Jean Moon.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, William R. Ketcham, Brittain & Ketcham, P.C., Elgin, Douglas J. Pomatto, Charles D. McCann, Heyl, Royster, Voelker & Allen, Rockford, for GS Construction, Greg Smith, Linda Smith.

Presiding Justice McLAREN delivered the opinion of the court:

Plaintiff, Jean Moon, the independent administrator of the estate of Timothy Moon, appeals from an order of the trial court which dismissed, apparently under section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 1994)), two counts of the plaintiff's complaint alleging negligence. We affirm.

At the time of the events leading to these proceedings, the defendants, Greg Smith, Linda Smith...

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