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AVERY v. AUTO-PRO, INC.

No. 1-99-3712.

731 N.E.2d 319 (2000)

313 Ill. App.3d 747

246 Ill.Dec. 791

Beverly AVERY, Indiv. and as Parent and Next Friend of Kelly Avery, a Minor, and Valentyne Arent, Plaintiffs and Counterdefendants-Appellants, v. AUTO-PRO, INC., d/b/a Wilrae of Palos Heights, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, First District, First Division.

May 30, 2000.

Attorney(s) appearing for the Case

Chilton, Yambert, Porter & Coghlan, Chicago (Jon Yambert, of counsel), for Appellants.

James M. Hoffman and Associates, Schaumburg (James E. Priestley, of counsel), for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

In this refiled negligence lawsuit, we are asked to determine whether a defendant may file a counterclaim for contribution against plaintiff under section 13-204 of the Code of Civil Procedure (735 ILCS 5/13-204 (West 1998)). In the previously filed lawsuit, the trial court dismissed defendant's counterclaim for contribution as barred under the statute of limitations of section 13-204. Once plaintiffs...

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