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ROBERTS v. CITY OF CHICAGO

No. 81-757.

105 Ill. App.3d 383 (1982)

434 N.E.2d 420

DONNA G. ROBERTS, Plaintiff-Appellee, v. THE CITY OF CHICAGO, Defendant-Appellant. — (RICHARD B. OGILVIE, Trustee, Defendant and Third-Party Plaintiff, v. COMMONWEALTH EDISON COMPANY et al., Third-Party Defendants.)

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 29, 1982.

Attorney(s) appearing for the Case

Stanley Garber, Corporation Counsel, of Chicago (Robert R. Retke and Leon Pawlykowycz, Assistant Corporation Counsel, of counsel), for appellant.

Joseph R. Curcio, Thomas W. Stewart, and Sidney Z. Karasik, all of Chicago, for appellee.

Judgment reversed.

JUSTICE McGLOON delivered the opinion of the court:

Donna Roberts brought a personal injury action against the City of Chicago and the Milwaukee Railroad Company to recover for injuries she sustained when she lost control of her automobile and collided with another automobile after hitting a pothole on or near a railroad crossing. Midway through the trial, Milwaukee Railroad Company settled with Roberts and was dismissed from the suit. The...

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