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MUNIZZA v. CITY OF CHICAGO

No. 1-89-1419, 1-89-1420.

583 N.E.2d 561 (1991)

222 Ill. App.3d 50

164 Ill.Dec. 645

Rosario MUNIZZA and Terry Scalise, Plaintiffs-Appellants, v. CITY OF CHICAGO, a Municipal Corporation; Tony Oliveri, Deputy Commissioner of the City of Chicago Public Vehicle Operations Division; Fred Rice, Former Superintendent of the Chicago Police Department; Unknown Person or Persons, as employees of the Chicago Police Department, Defendants-Appellees. Robert FERRO, Plaintiff-Appellant, v. CITY OF CHICAGO, A Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

As Modified on Denial of Rehearing December 23, 1991.

Attorney(s) appearing for the Case

Alphonse A. Talarico, of counsel, Chicago, for plaintiffs-appellants Rosario Munizza & Terry Scalise.

Onesto, Giglio, Meltreger & Associates (Peter A. Regulski, of counsel), Chicago, for plaintiff-appellant Robert Ferro.

Kelly R. Welsh, Corp. Counsel of the City of Chicago, Ruth M. Moscovitch, Chief Asst. Corp. Counsel, Jean Dober, Asst. Corp. Counsel, of counsel, Chicago, for defendants-appellees.

MODIFIED ON DENIAL OF REHEARING

Presiding Justice MANNING delivered the opinion of the court:

The primary issue raised in the consolidated appeal is whether the trial court erred in dismissing plaintiffs' complaints pursuant to section 2-619 of the Illinois Code of Civil Procedure (Ill.Rev.Stat.1987, ch. 110, par. 2-619) on the ground that sections 2-104 and 2-206 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill.Rev.Stat.1987,...

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