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STAMAT v. MERRY

No. 78-664.

78 Ill. App.3d 445 (1979)

397 N.E.2d 141

NICHOLAS STAMAT et al., Plaintiffs-Appellants, v. NORMA MERRY, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed November 7, 1979.

Attorney(s) appearing for the Case

Nicholas Liontakis, of Homewood, for appellants.

David J. Loughnane, of Pretzel, Stouffer, Nolan & Rooney, Chartered, of Chicago (Robert Marc Chemers and Joseph B. Lederleitner, of counsel), for appellee.

Affirmed in part and reversed in part.

Mr. JUSTICE RIZZI delivered the opinion of the court:

This action was brought by plaintiffs Nicholas Stamat and Penny Stamat against defendant, Norma Merry, to recover damages resulting from an automobile accident. Count I of the complaint alleged that defendant's conduct was negligent; count II alleged that defendant's conduct was wilful and wanton. Defendant filed an affirmative defense to each count alleging that sudden...

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