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PRINCE v. McELROY

No. 3-89-0512.

565 N.E.2d 685 (1990)

207 Ill. App.3d 190

152 Ill.Dec. 152

Wallace E. PRINCE and Dixie Prince, husband and wife, Plaintiffs-Appellants, v. Willis McELROY, Neal Brown, James Clark, Guadelope Lopez, Phillip Pecsi, Keith Schweitzer and Dale Pyles, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied January 30, 1991.

Attorney(s) appearing for the Case

Richard L. Steagall (argued) and John P. Nicoara, Nicoara & Steagall, Joseph R. Napoli, Peoria, for Wallace E. Prince and Dixie Prince.

Daniel N. Malato, Asst. Atty. Gen., Chicago, for Willis McElroy, Neal Brown, James Clark, Guadelope Lopez, Phillip Pecsi, Keith Schweitzer and Dale Pyles.

Justice SCOTT delivered the opinion of the court:

Plaintiffs allege that on July 7, 1986 at 8:21 A.M., Wallace Prince was driving his vehicle at approximately 55 miles an hour westerly on an open highway, U.S. Route 150, in rural Knox County. As he approached the crest of a hill, he saw an Illinois Department of Transportation truck parked crossways in the road. He attempted to avoid collision, skidded on an accumulation of loose gravel, went off the road and his...

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