MORAN v. TOMITA

No. 77-407.

369 N.E.2d 302 (1977)

54 Ill. App.3d 168

11 Ill.Dec. 848

Noreen MORAN, Plaintiff-Appellee, v. Josephine S. TOMITA, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

October 26, 1977.


Attorney(s) appearing for the Case

Klohr, Braun, Lynch & Smith, Chicago, for defendant-appellant; John T. Treacy, Chicago, and James W. Ford, Wilmette, of counsel.

Reed, Lucas & Doherty, Chicago, for plaintiff-appellee; David H. Lucas, Chicago, of counsel.


McNAMARA, Justice.

The plaintiff, a passenger in defendant's automobile, brought this action to recover damages for injuries sustained in an automobile accident. Prior to trial, defendant moved to strike the complaint on the ground that at the time of the accident in question the parties were co-employees in the course of their employment and that the Illinois Workmen's Compensation Act (hereinafter the Act), Ill.Rev.Stat.1971, ch. 48, par. 138.1 et seq., therefore...

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