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GUTIERREZ v. SCHULTZ

No. 81-355.

109 Ill. App.3d 372 (1982)

440 N.E.2d 451

HENRY GUTIERREZ, JR., Plaintiff-Appellant, v. RONALD E. SCHULTZ, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied October 21, 1982.

Attorney(s) appearing for the Case

Louis F. Pignatelli, of Pignatelli, Pignatelli & Ripley, of Rock Falls, for appellant.

Richard M. Batcher, of Bozeman, Neighbour, Patton & Noe, of Moline, for appellee.

Reversed and remanded.

JUSTICE ALLOY delivered the opinion of the court:

Plaintiff Henry Gutierrez, Jr., appeals from the dismissal of his negligence complaint against defendant Ronald E. Schultz. Gutierrez had filed his action against Schultz as a result of injuries he had sustained when struck by a truck driven by Schultz in December 1978. After filing of the complaint, Schultz responded with a section 48 motion to dismiss (Ill. Rev. Stat. 1979, ch. 110...

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