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SMALLWOOD v. FORNACIARI

No. 85-3329.

149 Ill. App.3d 79 (1986)

500 N.E.2d 637

GREGORY SMALLWOOD, a Minor, by his Mother and Next Friend, Maureen Smallwood, Plaintiff-Appellant, v. RONALD FORNACIARI et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied December 3, 1986.

Attorney(s) appearing for the Case

Lucy & Suhar, of Chicago (Richard H. Lucy and Gerald M. Chapman, of counsel), for appellant.

Condon, Cook & Roche, of Chicago (Francis J. Leyhane III and Mark E. Condon, of counsel), for appellees.

Reversed and remanded.

JUSTICE STAMOS delivered the opinion of the court:

Plaintiff, Gregory Smallwood, brought suit against defendants, Ronald and Geraldine Fornaciari, for injuries he sustained when he fell from the roof of a three-story apartment building owned by defendants. Plaintiff asserted in his complaint that defendants' roof created an unreasonably dangerous condition not apparent to a trespassing minor. Plaintiff's suit was dismissed after the...

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