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MAKI v. FRELK

Nos. 40994, 41004 cons.

40 Ill.2d 193 (1968)

239 N.E.2d 445

MINNIE MAKI, Admr., Appellant, v. CALVIN FRELK, Appellee.

Supreme Court of Illinois.

Opinion filed July 11, 1968.

Attorney(s) appearing for the Case

O'BRIEN, BURNELL, PUCKETT AND BARNETT, of Aurora, for appellant.

STEINBERG, POLACEK, AND STEINBERG, of Chicago, for appellee.

LEONARD M. RING, LOUIS G. DAVIDSON, J.J. SULLIVAN, WILLIAM J. HARTE, and PHILIP H. CORBOY, all of Chicago, for amicus curiae Illinois Trial Lawyers Association.

LORD, BISSELL & BROOK, of Chicago, (RICHARD E. MUELLER, of counsel,) for amicus curiae National Association of Independent Insurers.

WILLIAM J. O'BRIEN, JR., of Chicago, for amicus curiae Illinois Defense Counsel.

Appellate Court reversed; circuit court affirmed and cause remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

On this appeal we are presented with a question arising solely on the pleadings. In 1965 Minnie Maki, as administrator of the estate of her deceased husband, filed a complaint under the Wrongful Death Act against Calvin Frelk in the circuit court of Kane County. The complaint is in three counts. Defendant answered as to the allegations...

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