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GROARK v. ANDERSON

No. 1-90-1407.

584 N.E.2d 468 (1991)

222 Ill. App.3d 880

165 Ill.Dec. 289

Timothy GROARK, Plaintiff-Appellant, v. Linda ANDERSON, special administrator of the Estate of Donald Barry, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

December 13, 1991.

Attorney(s) appearing for the Case

Gary B. Friedman, Ltd, Chicago (Anthony J. Basile, of counsel), for plaintiff-appellant.

Robert L. Bartolone, Sandra Young, Purcell & Wardrope, Chtd., Chicago, for defendant-appellee.

Presiding Justice LORENZ delivered the opinion of the court:

Plaintiff filed suit for injuries resulting from a collision between plaintiff and defendant's car. Before trial, defendant died. At trial, the court precluded plaintiff from testifying, both as his own witness and as defendant's adverse witness, to certain facts occurring in the presence of the deceased pursuant to the Dead Man's Act (Ill.Rev.Stat.1981, ch. 110, par. 8-201). Defendant subsequently produced...

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