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MOREHEAD v. PEYTON

No. 79-59.

73 Ill. App.3d 809 (1979)

392 N.E.2d 433

EDITH W. MOREHEAD, Plaintiff-Appellant, v. BONNIE L. PEYTON, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed July 13, 1979.

Attorney(s) appearing for the Case

Roy Eugene Clark, of Clark Law Offices, of Mt. Vernon, for appellant.

John E. Jacobsen, of Campbell, Furnall, Moore and Jacobsen, of Mt. Vernon, for appellee.

Reversed and remanded.

Mr. JUSTICE KUNCE delivered the opinion of the court:

The plaintiff appeals from a judgment entered by the Circuit Court of Jefferson County on a jury verdict for the defendant in a personal injury action.

On May 18, 1974, around noon, the plaintiff was a passenger in a 1969 pickup truck driven by her husband. The truck was stopped on a highway waiting for a train to pass when it was suddenly, without warning, struck in the rear...

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