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COSMOPOLITAN NAT. BANK OF CHICAGO v. HEAP

Gen. No. 53,408.

128 Ill. App.2d 165 (1970)

262 N.E.2d 826

Cosmopolitan National Bank of Chicago, Guardian of the Estate of William Heap, Plaintiff-Appellant, v. Richard Heap, Defendant-Appellee.

Appellate Court of Illinois — First District, Fourth Division.

August 19, 1970.

Attorney(s) appearing for the Case

John G. Phillips, of Chicago (Ellis B. Rosenzweig, of counsel), for appellant.

William P. Nolan, Pretzel, Stouffer, Nolan & Rooney, of Chicago (Joseph B. Lederleitner, of counsel), for appellee.

MR. JUSTICE ENGLISH delivered the opinion of the court.

William Heap (herein referred to as plaintiff), an eleven-year-old minor, allegedly suffered fractured cervical vertebrae as a result of a fall down a stairway in his parents' home. Cosmopolitan was appointed as his guardian and filed suit on his behalf against plaintiff's father, seeking $50,000 in damages. Upon defendant's motion, plaintiff's amended complaint was stricken by the trial court, the suit dismissed...

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