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HARTIGAN v. BEERY

Nos. 84-0546, 84-0701 cons.

128 Ill. App.3d 195 (1984)

470 N.E.2d 571

JASON HARTIGAN, a Minor, by his Father and Next Friend, Dennis Hartigan, Plaintiff-Appellee, v. RICHARD BEERY et al., Defendants and Third-Party Plaintiffs and Counterplaintiffs-Appellants (Karen Hartigan, Third-Party Defendant-Appellee; Dennis Hartigan, Counterdefendant-Appellee).

Appellate Court of Illinois — First District (5th Division).

Opinion filed October 19, 1984.

Attorney(s) appearing for the Case

Law Offices of William E. Phillips, of Chicago (Michael F. Healy, of counsel), for appellants.

Robert C. Collins, Jr., of Law Offices of Darryl R. Lem, of Calumet City, for appellee Karen Hartigan.

Morris Haas, of Dannen, Crane, Heyman & Haas, of Chicago, for appellee Dennis Hartigan.

Reversed and remanded.

JUSTICE SULLIVAN delivered the opinion of the court:

This appeal is from summary judgments against Richard and Peggy Beery (the Beerys) on their counterclaim against Dennis Hartigan and their third-party complaint against Karen Hartigan. The propriety of the summary judgments is the sole issue presented on appeal.

The Beerys were barbecuing in their back yard when the Hartigans, accompanied by their son Jason, walked across the...

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