STUTZ v. KAMM

Nos. 4-90-0276, 4-90-0221.

562 N.E.2d 399 (1990)

204 Ill. App.3d 898

149 Ill.Dec. 935

Donna STUTZ and William Stutz, Plaintiffs-Appellants, v. Pearl A. KAMM; Champaign Asphalt Company, a corporation, The First National Bank in Champaign, as Trustee under Trust Agreement dated January 12, 1988, and known as Trust No. 1518, George R. Rouse and Joseph F. Lamb, Beneficiaries of the Champaign Trust No. 1518, and Mary Jo Fitzjarrald, Defendants-Appellees. John B. WARNES, Individually, and as Executor of the Estate of Sandra S. Warnes, Deceased, Plaintiff-Appellant, v. CHAMPAIGN ASPHALT COMPANY, a Corporation, The First National Bank of Champaign, as Trustee under Trust Agreement dated January 12, 1988 and known as Trust No. 1518, George R. Rouse and Joseph F. Lamb, Beneficiaries of the First National Bank of Champaign Trust No. 1518, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

October 31, 1990.


Attorney(s) appearing for the Case

Johnson, Frank, Frederick & Walsh, Urbana, for Stutz.

Thomas, Mamer & Haughey, Champaign, for First Nat. Bank of Champaign.

Edward M. Wagner, Matthew A. Kirsh, Heyl, Royster, Voelker & Allen, Urbana, for Champaign Asphalt Co.

Phebus, Tummelson, Bryan & Knox, Urbana, for Warnes.


Justice SPITZ delivered the opinion of the court:

This consolidated appeal involves two separate actions resulting from an accident on August 26, 1988. The facts surrounding the accident are these. On August 26, 1988, Pearl Kamm, age 77, took a driver's license examination at the Illinois Secretary of State driver service facility in Tuscola, Illinois. Driver's license examiner Mary Jo Fitzjarrald was in Kamm's automobile...

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