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THORNTON v. WILLIAMS

No. 79-1552.

89 Ill. App.3d 544 (1980)

412 N.E.2d 157

JESSIE THORNTON, Plaintiff-Appellee, v. AUDDIE WILLIAMS, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Supplemental opinion filed on denial of rehearing October 28, 1980.

Attorney(s) appearing for the Case

Douglas & Brewer, of Chicago (Lloyd P. Douglas and Donald R. Brewer, of counsel), for appellant.

Sandman, Levy & Moltz, of Chicago (Bernard W. Moltz and Robert Kominsky, of counsel), for appellee.

Judgment affirmed.

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

This is an appeal from a judgment for property damage resulting from an automobile accident. The sole issue presented for review is whether the defense of res judicata may be waived by a defendant by his failure to affirmatively assert it in a timely fashion.

For reasons hereinafter set forth we affirm the judgment of...

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