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GERWIG v. BRUERE

No. 2-88-0611.

181 Ill. App.3d 609 (1989)

537 N.E.2d 844

JANET GERWIG et al., Plaintiffs-Appellants, v. LANCE BRUERE et al., Defendants (Lakehurst Joint Venture, Defendant-Appellee).

Appellate Court of Illinois — Second District.

Modified on denial of rehearing May 9, 1989.

Attorney(s) appearing for the Case

Newton E. Finn and Sullivan, Smith, Hauser & Noonan, Ltd., both of Waukegan (Richard J. Smith, of counsel), for appellants.

Jody M. Pucel, of Haskell & Perrin, of Chicago (Stephen Sonderby, of counsel), for appellee.

Judgment affirmed.

JUSTICE McLAREN delivered the opinion of the court:

Plaintiffs appeal the decision of the trial court striking certain testimony in evidence and denying plaintiffs' motion to amend their complaint to conform to the proof. The trial court held that the testimony in question was not relevant to the allegations in the complaint and the proposed amendments did not, as a matter of law, constitute a lack of reasonable care given the facts of this...

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