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FONTANNE v. FEDERAL PAPER BD. CO.

No. 81-731.

105 Ill. App.3d 306 (1982)

434 N.E.2d 331

LANCE E. FONTANNE, Adm'r of the Estate of Kathy G. Fontanne, Deceased, Plaintiff-Appellee, v. FEDERAL PAPER BOARD COMPANY, INC., Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied April 26, 1982.

Attorney(s) appearing for the Case

John C. Doyle and Joseph J. McDonough, both of Kralovec, Marquard, Doyle & Gibbons, Chartered, of Chicago, for appellant.

Mullen, Clancy & Associates and Katz, Friedman, Schur and Eagle, Chartered, both of Chicago (Thomas A. Clancy, of counsel), for appellee.

Judgment affirmed.

JUSTICE ROMITI delivered the opinion of the court:

The plaintiff as administrator of his wife's estate recovered from the defendant after the tractor-trailer loaded by defendant and driven by plaintiff and his wife overturned, killing her. Defendant appeals, contending:

(1) the deceased was guilty of contributory negligence as a matter of law because Federal regulations put the duty on the driver to be sure the cargo was properly...

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