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DUNCAVAGE v. ALLEN

No. 85-2625.

147 Ill. App.3d 88 (1986)

497 N.E.2d 433

JOSEPH A. DUNCAVAGE, Indiv. and as Adm'r of the Estate of Marybeth Duncavage, Deceased, Plaintiff-Appellant, v. KEVIN J. ALLEN, Indiv. and d/b/a Bay Management Company, et al., Defendants (Kevin J. Allen, Indiv. and d/b/a Bay Management Company, Defendant-Appellee).

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

Rehearing denied September 17, 1986.

Attorney(s) appearing for the Case

Mass, Miller & Josephson, Ltd., of Chicago (Cary S. Fleischer and Jon A. Duncan, of counsel), for appellant.

McKenna, Storer, Rowe, White & Farrug, of Chicago (Robert S. Soderstrom, David E. Trainor, and Shaun McParland, of counsel), for appellees.

Illinois Coalition Against Sexual Assault, of Springfield (Judy L. Hogan, of counsel), for amicus curiae.

Affirmed in part and reversed in part.

JUSTICE STAMOS delivered the opinion of the court:

Plaintiff sued the owners of a residential apartment building to recover damages for personal injuries and death sustained by plaintiff's decedent, Marybeth Duncavage, arising out of a criminal assault by defendant Tommy Lee Jackson. The only defendant involved in this appeal is Kevin J. Allen, the landlord of the apartment building where plaintiff's decedent resided...

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