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MAYFIELD v. CITY OF SPRINGFIELD

Nos. 17096, 17142 cons.

103 Ill. App.3d 1114 (1982)

432 N.E.2d 617

WILLIAM E. MAYFIELD, Adm'r of the Estate of Mary Denise Mayfield, Deceased, Plaintiff-Appellant, v. THE CITY OF SPRINGFIELD, Defendant-Appellee. — ANNETTE NAPIER, Guardian of the Estate of Florence Moreth, a Physically Infirm Person, Plaintiff-Appellant, v. DANIEL R. HUGHES, Defendant. — (THE CITY OF SPRINGFIELD, Defendant-Appellee.)

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing March 29, 1982.

Attorney(s) appearing for the Case

Londrigan & Potter, P.C., of Springfield (James C. Craven, of counsel), for appellant William E. Mayfield.

Jefferson Lewis and Nolan Lipsky, both of Petersburg, for appellant Annette Hapier.

D. Bradley Blodgett, of Gillespie, Cadigan & Gillespie, of Springfield, for appellee.

Reversed and remanded.

JUSTICE SCOTT delivered the opinion of the court:

A tragic auto collision in Springfield, Illinois, on July 2, 1978, resulted in two lawsuits filed on behalf of different plaintiffs against the same defendant. A Sangamon County Circuit Court jury concluded that the defendant was not negligent under the circumstances and denied recovery to both plaintiffs following a consolidated trial. Both plaintiffs appealed the verdict of the jury...

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