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IN RE ESTATE OF McMILLAN

No. 82-611.

115 Ill. App.3d 1022 (1983)

451 N.E.2d 958

In re ESTATE OF DAVID GENE McMILLAN, a Disabled Adult — (St. Louis University Hospitals, Petitioner-Appellant, v. Estate of David Gene McMillan, Respondent-Appellee — (The Department of Public Aid, Intervenor-Appellee)).

Appellate Court of Illinois — Fifth District.

Opinion filed July 7, 1983.

Attorney(s) appearing for the Case

Terry J. Galganski, of Whaley and McAuliffe, of Clayton, Missouri, for appellant.

J. Mark Maclin, of DuQuoin, for appellee Estate of David Gene McMillan.

Neil F. Hartigan, Attorney General, of Springfield (Kathleen J. Lien, Assistant Attorney General, of counsel), for appellee Illinois Department of Public Aid.

Reversed and remanded.

JUSTICE WELCH delivered the opinion of the court:

David Gene McMillan, of Dowell, Illinois, was severely injured in an automobile accident on July 25, 1978, when he was 16 years old. He was riding home from a softball game in a car driven by Kevin Toler when it was struck by a vehicle driven by Charlotte Pedigo. Pedigo, an uninsured motorist with no assets, was convicted for driving while intoxicated and sentenced to a term of imprisonment...

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