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CONTINENTAL CAS. CO. v. SWEDA

Gen. No. 68-183.

113 Ill. App.2d 423 (1969)

251 N.E.2d 65

Continental Casualty Company, a Corporation, Subrogee of the Wallfill Company, a Corporation, Intervening Petitioner, Plaintiff-Appellant, v. Sophia Sweda, Conservator of the Estate of Bruno Sweda, Incompetent, and Sophia Sweda, Individually, Defendants-Appellees.

Appellate Court of Illinois — Second District.

September 16, 1969.

Attorney(s) appearing for the Case

Snyder, Clarke, Dalziel, Holmquist & Johnson, of Waukegan, for appellant.

Michael Alan Nemeroff, of Chicago, and Lidschin and Pucin, of Waukegan, for appellees.

PRESIDING JUSTICE MORAN delivered the opinion of the court.

This case involves an interpretation of section 5(b) of the Workmen's Compensation Act (Ill Rev Stats 1965, c 48, § 138.5(b)) and appears to be of first impression in our State.

On November 23, 1965, Bruno Sweda suffered a severe head injury during the course of his employment. The injury was caused, not by his employer but, by a third party. His wife was subsequently appointed Conservator of...

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