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TYLER v. J.C. PENNEY CO.

No. 4-85-0851.

145 Ill. App.3d 967 (1986)

496 N.E.2d 323

ERMA TYLER et al., Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, Defendant-Appellee (The La Salle National Bank, as Trustee, et al., Defendants; Market Place Shopping Center, Defendant and Third-Party Plaintiff-Appellee; J.C. Penney Company et al., Third-Party Defendants).

Appellate Court of Illinois — Fourth District.

Rehearing denied August 28, 1986.

Attorney(s) appearing for the Case

Summers, Watson & Kimpel, P.C., of Champaign, for appellants.

D. Cameron Dobbins, of Dobbins, Fraker, Tennant, Joy & Perlstein, of Champaign, for appellee Market Place Shopping Center.

Heyl, Royster, Voelker & Allen, of Urbana (Michael E. Raub and Bruce L. Bonds, of counsel), for appellee J.C. Penney Company, Inc.

Order affirmed.

JUSTICE MORTHLAND delivered the opinion of the court:

Plaintiffs, husband and wife, filed an eight-count complaint on January 21, 1983, seeking damages for injuries allegedly sustained when Erma Tyler slipped and fell outside a J.C. Penney store in the Market Place Shopping Center in Champaign.

Plaintiffs' complaint named four defendants: J.C. Penney Company, Inc.; the La Salle National Bank as trustee under a certain trust and identified...

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