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TUCH v. McMILLEN

No. 2-87-0468.

167 Ill. App.3d 747 (1988)

521 N.E.2d 1218

ANDREW TUCH, Plaintiff-Appellee, v. KEVIN McMILLEN et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed March 31, 1988.

Attorney(s) appearing for the Case

Clayton P. Voegtle, of Snyder, Clarke, Dalziel & Johnson, of Waukegan, for appellants.

Donald T. Morrison and Joseph T. Morrison, both of Donald T. Morrison & Associates, P.C., of Waukegan, and David V. Najarian, of Najarian & Najarian, of Wilmette, for appellee.

Reversed and remanded.

JUSTICE HOPF delivered the opinion of the court:

On September 20, 1982, plaintiff, Andrew Tuch, brought an action against defendants, Kevin McMillen and Ronald McMillen, for personal injuries resulting from a water skiing accident which occurred on September 20, 1980. Plaintiff voluntarily dismissed this action on April 10, 1984. On this same date plaintiff refiled the action pursuant to section 13-217 of the Code of Civil Procedure...

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