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FIRST NATIONAL BANK OF GENEVA v. DOUELL

No. 2-86-1017.

161 Ill. App.3d 158 (1987)

514 N.E.2d 238

THE FIRST NATIONAL BANK OF GENEVA, as Special Adm'r of the Estate of Joseph Brayton, Deceased, Plaintiff-Appellant and Cross-Appellee, v. DENNIS K. DOUELL, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied November 2, 1987.

Attorney(s) appearing for the Case

Charles E. Petersen, of Clancy & McGuirk, P.C., of St. Charles (Wendell W. Clancy, of counsel), for appellant.

Stephen R. Swofford and Thomas A. Brabec, both of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Joshua G. Vincent, of counsel), for appellee.

Judgment reversed.

JUSTICE INGLIS delivered the opinion of the court:

This is an appeal and cross-appeal from a wrongful death action brought by the special administrator of the estate of Joseph Brayton (decedent) on behalf of and for the benefit of decedent's parents and two brothers.

On January 6, 1984, decedent had a collision with defendant, Dennis Douell. Defendant was driving a "step van" which was approximately 7 feet wide and 10 feet high....

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