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SALDANA v. WIRTZ CARTAGE CO.

No. 62551.

55 Ill. App.3d 440 (1977)

370 N.E.2d 1131

ABUNDIO SALDANA, Plaintiff-Appellant, v. WIRTZ CARTAGE CO. et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed December 1, 1977.

Attorney(s) appearing for the Case

Fred Lambruschi, of Chicago (Herbert P. Veldenz, of counsel), for appellant.

Jacobs, Williams and Montgomery, Ltd., of Chicago (Wyatt Jacobs, Barry L. Kroll, and David A. Novoselsky, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE LINN delivered the opinion of the court:

After a jury trial, a verdict was returned in favor of defendants, finding that they were not liable for personal injuries incurred by plaintiff when struck by a truck driven by defendant Fitzsimmons, an employee of defendant Wirtz Cartage Co. Judgment was entered on the verdict.

The pertinent evidence adduced at trial is as follows:

On the afternoon of November 14...

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