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RATHKE v. ALBEKIER

No. 1-88-1934.

181 Ill. App.3d 63 (1989)

536 N.E.2d 864

ROBERT RATHKE, Plaintiff-Appellant, v. JERRY ALBEKIER et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 20, 1989.

Attorney(s) appearing for the Case

Law Offices of Frances J. White, of Downers Grove (William F. White, of counsel), for appellant.

Parrillo, Weiss & Moss, of Chicago (Michael J. O'Halloran and Keely Howe, of counsel), for appellees.

Reversed and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

This is an appeal from the dismissal of an action to recover damages pursuant to section 2-619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-619). At issue is whether a release given to a dramshop also releases an allegedly intoxicated motorist with respect to injuries caused by the motorist, pursuant to the common law rule that a release of one joint tortfeasor...

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