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BOYLAN v. MARTINDALE

No. 81-323.

103 Ill. App.3d 335 (1982)

431 N.E.2d 62

ELMER BOYLAN, Conservator of the Estate and Person of Douglas Boylan, an Incompetent, Plaintiff-Appellant, v. GRACE MARTINDALE, Defendant. — (THE CITY OF ELMHURST et al., Defendants-Appellees.)

Appellate Court of Illinois — Second District.

Opinion filed January 22, 1982.

Attorney(s) appearing for the Case

Noel C. Lindenmuth, Maureen A. Mitchell, Nat P. Ozmon, Dario A. Garibaldi, and Mark Novak, all of Anesi, Ozmon, Lewin and Associates, of Chicago, for appellant.

L. Bow Pritchett, Robert Guritz, and Georgia J. Reithal, all of Illinois Bell Telephone Company, of Chicago, for appellee Illinois Bell Telephone Company.

Barry L. Kroll and Mark Miller, both of Jacobs, Williams and Montgomery, Ltd., of Chicago, for appellee City of Elmhurst.

Rathje, Woodward, Dyer and Burt, of Wheaton, for appellee Commonwealth Edison Company.

Judgment affirmed.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiff sued defendants Grace Martindale, the City of Elmhurst, Illinois Bell Telephone Company, and Commonwealth Edison Company for injuries suffered by his incompetent in an automobile accident at the intersection of North and Myrtle Avenues in the City of Elmhurst. The trial court dismissed counts III and VI of plaintiff's fourth amended complaint against the city of Elmhurst, counts...

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