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BLACKBURN v. JOHNSON

No. 4-88-0907.

187 Ill. App.3d 557 (1989)

543 N.E.2d 583

KATHY S. (JOHNSON) BLACKBURN, Special Adm'r of the Estate of Phillip M. Johnson, Sr., Deceased, et al., Plaintiffs-Appellees, v. BETTY LOUISE JOHNSON, Ex'r of the Estate of Wendell O. Johnson, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed August 24, 1989.

Attorney(s) appearing for the Case

Garry E. Davis, of Erickson, Davis & Murphy, Ltd., of Decatur, for appellant.

Carl William Telford and Scott R. Guido, both of Carl William Telford, Ltd., of La Salle, for appellees.

James Edward Tueth, of Regan & Tueth, of Decatur, guardian ad litem.

Judgment affirmed.

JUSTICE LUND delivered the opinion of the court:

This is an action for wrongful death. One count was based on intentional tort, the other on negligence. Plaintiffs' counsel abandoned the intentional tort theory and argued for a verdict based on negligence. The jury returned a verdict for defendant on the intentional tort count, and for plaintiffs in the amount of $599,000 on the negligence count. The circuit court of Macon County denied...

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