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PENBERTHY v. PRICE

No. 5-95-0144.

666 N.E.2d 352 (1996)

281 Ill. App.3d 16

216 Ill.Dec. 902

Michael S. PENBERTHY and David C. Walpole, Plaintiffs-Appellees, v. Dorothy PRICE, Independent Administrator of the Estate of Robert E. Kenly, Deceased, Defendant-Appellant (Page III, Inc., d/b/a Top of the Hill Tavern, Louis T. Romanik, d/b/a American Legion Stookey Post 1255, and Alton E. Harper, d/b/a American Legion Stookey Post 1255, Defendants).

Appellate Court of Illinois, Fifth District.

May 30, 1996.

Attorney(s) appearing for the Case

David C. Laurent, Stephen C. Mudge, Reed, Armstrong, Gorman, Coffey, Gilbert & Mudge, P.C., Edwardsville, for Appellant.

M. Keith Smith, Mt. Vernon, Jon E. Rosenstengel, Bonifield & Rosenstengel, Belleville, Edward J. Kionka, Carbondale, for Appellees.

Justice MAAG delivered the opinion of the court:

This case arises from a motor vehicle accident in which an allegedly intoxicated Robert E. Kenly, while operating a vehicle, crossed the centerline and collided with a vehicle driven by Michael S. Penberthy. Both Penberthy and his passenger, David C. Walpole, were injured. Kenly died from his injuries.

The plaintiffs, Michael S. Penberthy and David C. Walpole, filed a six-count complaint in the circuit court...

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