MASOTTI v. CONSOLE

No. 2-89-0784.

195 Ill. App.3d 838 (1990)

552 N.E.2d 1292

VITO MASOTTI, Plaintiff-Appellant, v. PETER T. CONSOLE et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed March 29, 1990.


Attorney(s) appearing for the Case

Richard C. Gleason, of Edmund J. Scanlan, Ltd., of Chicago, for appellant.

D. Kendall Griffith, Richard W. Sandrok, Stephen R. Swofford, and Robert G. Black, all of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellees.


Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

Plaintiff, Vito Masotti, appeals from an order of the circuit court granting summary judgment for defendants, Peter Console and Ganna Construction Company. Plaintiff raises two issues on appeal: whether Peter, as the driver of a car, owed plaintiff a duty; and whether plaintiff's actions put his injury beyond the scope of that duty.<...

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