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RUSHER v. SMITH

No. 78-280.

70 Ill. App.3d 889 (1979)

388 N.E.2d 906

JAMES W. RUSHER, Adm'r of the Estate of Donald J. Rusher, Deceased, Plaintiff-Appellee, v. STEPHEN R. SMITH et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed March 27, 1979.

Attorney(s) appearing for the Case

John E. Gambill, of Rantoul, for appellant Stephen R. Smith.

Elmer Jenkins and William G. Eovaldi, both of Benton, for appellee.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

This action was initiated in the Circuit Court of Franklin County by James W. Rusher as administrator of the estate of Donald J. Rusher, deceased, against Stephen R. Smith, Earl D. Christian and Grace Ham to recover damages for the wrongful death of Donald J. Rusher. The jury returned a verdict against the three defendants in the sum of $39,000 upon which...

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