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MT. ZION BANK v. CONSOL. COMMUNICATIONS

No. 78178.

660 N.E.2d 863 (1995)

169 Ill.2d 110

214 Ill.Dec. 156

MT. ZION STATE BANK & TRUST, Guardian of the Estate of Dale Beavers, Jr., a Minor, Appellee, v. CONSOLIDATED COMMUNICATIONS, INC., Appellant.

Supreme Court of Illinois.

Rehearing Denied January 29, 1996.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen (Karen L. Kendall, Peoria, and Frederick P. Velde, Springfield, of counsel), for appellant.

Thomas F. Londrigan, Londrigan, Potter & Randle, P.C., and Timothy J. Londrigan, Londrigan & Londrigan, Springfield, for appellee.

Bruce Robert Pfaff, Chicago, for amicus curiae Illinois Trial Lawyers Association.

Justice FREEMAN delivered the opinion of the court:

On June 9, 1991, six-year-old Dale Beavers, Jr. (plaintiff), suffered injury from a near-drowning in a swimming pool located on the property at 407 West First Street in Taylorville, Illinois. Mt. Zion State Bank & Trust, as guardian of the plaintiff's estate, filed a second-amended complaint in the circuit court of Christian County against defendants, Consolidated Communications, Inc. (Consolidated) (counts I...

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