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CONKLIN v. STRUNK BROTHERS ASPHALT CO.

No. 78-70.

70 Ill. App.3d 956 (1979)

388 N.E.2d 1136

HELEN L. CONKLIN, Adm'r of the Estate of Ronald Conklin, Deceased, et al., Plaintiffs-Appellees, v. STRUNK BROTHERS ASPHALT COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed April 18, 1979.

Attorney(s) appearing for the Case

Joseph B. Lederleitner and Robert Marc Chemers, both of Pretzel, Stouffer, Nolan & Rooney, Chartered, of Chicago, and Andrew J. O'Conor, of Berry & O'Conor, of Ottawa, for appellant.

T. Donald Henson, of Herbolsheimer, Lannon, Henson and Duncan, P.C., of LaSalle, and Myers & Daugherity, of Streator, for appellees.

Judgment affirmed.

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

Ronald Conklin was killed when his tractor-trailer truck went off west-bound Interstate 80 and landed in a trench excavated by the defendant, Strunk Brothers Asphalt Company, as a part of certain construction work it was engaged to perform by the State of Illinois. This is an action by the decedent's estate and the owner of the truck, Alvin G. Smith, d/b/a Gibb Smith Moving...

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