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BENDER v. CITY OF CHICAGO

No. 55769.

8 Ill. App.3d 267 (1972)

290 N.E.2d 376

DENNIS BENDER, a minor, by IRENE BENDER, his mother and next friend, Plaintiff-Appellee, v. THE CITY OF CHICAGO, Defendant-Appellee — (ILLINOIS DEPARTMENT OF PUBLIC AID, Intervening Petitioner-Appellant.)

Appellate Court of Illinois — First District.

Rehearing denied November 28, 1972.

Attorney(s) appearing for the Case

Arthur S. Gomberg and Phillip E. Howard, both of Chicago, (Samuel Nineberg, of counsel,) for appellee Dennis Bender.

Richard L. Curry, Corporation Counsel, of Chicago, (William R. Quinlan and Harvey N. Levin, Assistant Corporation Counsel, of counsel,) for appellee City of Chicago.

William J. Scott, Attorney General, of Chicago, (Francis T. Crowe and Samuel E. Hirsch, Assistant Attorneys General, of counsel,) for intervening petitioner-appellant Illinois Dept. of Public Aid.

Judgment affirmed.

Mr. JUSTICE SCHWARTZ delivered the opinion of the court:

Plaintiff sued to recover for personal injuries sustained when he fell on a defective City sidewalk. He was hospitalized and, being eligible for public aid, his medical bills were paid by the State Department of Public Aid (hereafter referred to as the Department). At the appropriate time the Department submitted its lien for expenditures made in behalf of the plaintiff. The personal...

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