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BERCAW v. DOMINO'S PIZZA, INC.

No. 2-93-0175.

630 N.E.2d 166 (1994)

258 Ill. App.3d 211

196 Ill.Dec. 469

Danielle N. BERCAW, as Special Adm'r of the Estate of Jason W. Bercaw, Deceased et al., Plaintiffs-Appellants, v. DOMINO'S PIZZA, INC., Defendant (James E. Shipman et al., Defendants-Appellees).

Appellate Court of Illinois, Second District.

February 28, 1994.

Attorney(s) appearing for the Case

Thomas R. Kelso, Kelso & Crewell, Champaign, Julie A. Coleman, Bochte & Kuzniar, St. Charles, for Danielle N. Bercaw.

C. Roy Peterson, Lord, Bissell & Brook, Chicago, for Domino's Pizza.

John E. Norton, Denis K. Sheehan (argued), O'Reilly, Cunningham, Norton & Mancini, Wheaton, for James Shipman, Peteza, Inc., Precision Pizza, Inc.

Presiding Justice INGLIS delivered the opinion of the court:

This case presents an issue of first impression in the second district: whether the exclusive remedy provision of the Workers' Compensation Act (the Act) (820 ILCS 305/5(a) (West 1992)) bars a suit against a pizza delivery business brought by relatives of a deliveryman killed by assailants during the course of a delivery, when the relatives allege that the business knew with substantial certainty that the...

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