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GARDNER v. GERAGHTY

No. 80-1699.

98 Ill. App.3d 10 (1981)

423 N.E.2d 1321

BELLE GARDNER, Adm'x of the Estate of Sheldon Gardner, Deceased, Plaintiff-Appellant, v. JOHN W. GERAGHTY, Defendant-Appellee.

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

Opinion filed July 7, 1981.

Attorney(s) appearing for the Case

A.J. Hardiman, Ltd., of Chicago (A.J. Hardiman and Eugene C. Hardiman, of counsel), for appellant.

Beverly, Pause, Duffy & O'Malley, of Chicago (Frank J. Pause, John J. O'Malley, and Michael W. Rathsack, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

Plaintiff Belle Gardner brought this wrongful death action as administratrix of the estate of her late husband, Sheldon Gardner, who died as a result of injuries sustained when an automobile driven by defendant John W. Geraghty struck him. The trial court dismissed plaintiff's comparative negligence count. A jury found for defendant on the remaining negligence counts, and the jury...

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