PLANK v. HOLMAN

No. 42272.

46 Ill.2d 465 (1970)

264 N.E.2d 12

MAXINE M. PLANK, EXRX., Appellee, v. THOMAS EARL HOLMAN, Appellant. — (MYRTLE R. WALGREEN et al., Cross Appellants.)

Supreme Court of Illinois.

Rehearing denied December 3, 1970.


Attorney(s) appearing for the Case

TYLER AND PESKIND, of Aurora, (FLOYD J. TYLER and GEORGE R. MAYTAS, of counsel,) for cross appellants Myrtle R. Walgreen and Elsie Rayfield.

GATES W. CLANCY, of Geneva, (JAMES S. MILLS, of counsel,) for appellant Thomas Earl Holman.

O'BRIEN, BURNELL, PUCKETT & BARNETT, of Aurora, (WILSON D. BURNELL, DONALD L. PUCKETT, RICHARD J. LARSON, and PETER K. WILSON, JR., of counsel,) for appellee.


Reversed and remanded.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Maxine Plank, executrix of the estate of Laurence Plank, sued Thomas Holman, Myrtle Walgreen and Elsie Rayfield, administratrix of the estate of Ralph Rayfield, for the wrongful death of her husband. The jury returned a verdict for the plaintiff on which judgment was entered. The Appellate Court for the Second District affirmed (108 Ill.App.2d 216

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