MARLAIRE v. SMITH

No. 77-447.

62 Ill. App.3d 995 (1978)

379 N.E.2d 763

GREGORY MARLAIRE, Plaintiff-Appellant, v. NORMAN S. SMITH et al., Defendants. — (NORTH PALOS FIRE PROTECTION DISTRICT, Defendant-Appellee.)

Appellate Court of Illinois — First District (1st Division).

Opinion filed July 31, 1978.


Attorney(s) appearing for the Case

A.G. Scheele, Ltd., of LaGrange, and Joseph R. Curcio, of Chicago (Sidney Z. Karasik, of counsel), for appellant.

James R. Schirott, of Park Ridge, and E. Kenneth Friker, of Klein, Thorpe, Kasson & Jenkins, of Chicago, for appellee.


Reversed and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Gregory Marlaire (plaintiff) sued Norman Smith alleging in count I that Smith's negligent operation of a motor vehicle caused bodily injury to plaintiff. Count II alleged that Smith drove the automobile while an agent and servant of the North Palos Fire Protection District (defendant) and while Smith was acting in the course of Smith...

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