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CONOVER v. SMITH

No. 73-113.

20 Ill. App.3d 258 (1974)

314 N.E.2d 638

DENNIS CONOVER, Plaintiff-Appellant, v. CECIL SMITH et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

July 18, 1974.

Attorney(s) appearing for the Case

James Kellstedt, of Kellstedt & Young, of Peoria, for appellant.

Clifford Schneider, of Davis, Morgan & Witherell and R. Michael Henderson, of McConnell, Kennedy & McConnell, of Peoria, for appellees.

Reversed and remanded.

Mr. JUSTICE DIXON delivered the opinion of the court:

Plaintiff Conover in 1970 sued defendant Smith, driver of a car in which Conover was a passenger, and defendant Rosa, whose car was involved in a collision with Smith's car, for negligence and willful and wanton misconduct in causing him personal injuries. The case came to trial in December 1972 and after 3 days of trial a mistrial was declared on December 21, 1972 because plaintiff...

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