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BYRD v. AETNA CASUALTY & SURETY CO.

No. 2-85-0837.

152 Ill. App.3d 292 (1987)

504 N.E.2d 216

MARY N. BYRD, Plaintiff-Appellant, v. THE AETNA CASUALTY & SURETY COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed February 5, 1987.

Attorney(s) appearing for the Case

Richard J. Smith, of Sullivan, Smith, Hauser & Noonan, of Waukegan, for appellant.

Louis W. Brydges, Jr., of Brydges, Riseborough, Morris, Franke & Miller, of Waukegan, for appellees.

Reversed and remanded.

JUSTICE HOPF delivered the opinion of the court:

Plaintiff, Mary N. Byrd, appeals from the trial court dismissal of count III of her complaint against defendant Anchor Glass Container Corporation (Anchor). The trial court dismissed count III on grounds that the claim asserted there was preempted by Federal law.

Count III of the complaint sets forth the following allegations. Byrd was an employee of defendant Anchor. On June 27...

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