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JOHNSON v. LYNCH

No. 63054.

38 Ill. App.3d 48 (1976)

347 N.E.2d 254

CALVIN JOHNSON, Plaintiff-Appellee, v. CHARLES LYNCH, Defendant. — (THE DEPARTMENT OF PUBLIC AID, Intervenor-Appellant.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed April 23, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, (Paul V. Esposito, Assistant Attorney General, of counsel), for appellant.

Philip H. Corboy & Associates, of Chicago (Philip H. Corboy, Susan E. Loggans, and Terence J. Mahoney, of counsel), for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE LORENZ delivered the opinion of the court:

The Department of Public Aid (Department) appeals from an order reducing its charge upon plaintiff's recovery in this personal injury action from $2,375.18 to zero. It contends that the trial court abused its discretion as a matter of law by adjudicating the perfected charge to zero.

The underlying facts of this case are not in dispute. Plaintiff was injured when the...

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