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MARSHALL v. OSBORN

No. 3-90-0024.

571 N.E.2d 492 (1991)

213 Ill. App.3d 134

156 Ill.Dec. 708

Carl MARSHALL, Administrator of the Estate of Barry S. Marshall, deceased, and Judy Moore, Individually and Next of Kin, Plaintiffs-Appellants, v. Eldan A. OSBORN, Defendant-Appellee.

Appellate Court of Illinois, Third District.

April 25, 1991.

Attorney(s) appearing for the Case

Mark W. Rigazio (argued), Gomien, Root & Rigazio, Morris, for Carl Marshall and Judy Moore.

James D. Grumley, Pamela E. Davis, Rooks, Pitts & Poust, Joliet, for Eldan Osborn.

Justice SLATER delivered the opinion of the court:

On April 17, 1987, plaintiffs' decedent Barry S. Marshall was killed when he was struck by an automobile driven by defendant Eldan A. Osborn. Plaintiffs filed suit pursuant to the Wrongful Death Act (Ill. Rev.Stat.1987, ch. 70, pars. 1, 2,) alleging various acts of negligence. Following a number of pretrial motions, which will be explained in more detail below, trial began...

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