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AMERICAN STATES INS. CO. v. WHITSITT

No. 4-89-0538.

193 Ill. App.3d 270 (1990)

549 N.E.2d 988

AMERICAN STATES INSURANCE COMPANY, as Subrogee, et al., Plaintiffs-Appellants, v. KELLY WHITSITT, Defendant-Appellee. ROCHELLE KOEPP, Plaintiff-Appellant, v. KELLY WHITSITT, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed January 18, 1990.

Attorney(s) appearing for the Case

Thomas Mark Schmidt, of Livingstone, Mueller, O'Brien & Davlin, P.C., of Springfield, for appellant American States Insurance Company.

Saul J. Morse, Thomas R. Appleton, and Barbara B. Collins, all of Morse, Giganti & Appleton, of Springfield, for appellant Rochelle Koepp.

Randall A. Mead and David L. Drake, both of Drake, Narup & Mead, P.C., of Springfield, for appellee.

Judgment reversed and remanded.

JUSTICE LUND delivered the opinion of the court:

American States Insurance Company (hereinafter American) filed a complaint against defendant Kelly Whitsitt alleging that defendant was liable to it for fire damage under theories of negligence and res ipsa loquitur. Rochelle Koepp (hereinafter Koepp) also filed a complaint against defendant arising out of the same event and alleging similar theories of recovery. The cases...

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