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MARCUS v. ART NISSEN AND SON, INC.

No. 1-89-2828.

586 N.E.2d 694 (1991)

224 Ill. App.3d 464

166 Ill.Dec. 736

Willis C. MARCUS and Marjorie Marcus, Plaintiffs-Appellants, v. ART NISSEN AND SON, INC., a corporation; Carroll Stanton, Individually and as agent, servant and/or employee of Art Nissen and Son, Inc., a corporation; David Porzel and Cathleen Porzel, Individually and as agent, servant and/or employee of David Porzel, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

December 31, 1991.

Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago (Louis S. Goldstein, Cindy G. Fluxgold and Michael W. Rathsack, of counsel), for plaintiffs-appellants.

Tressler, Soderstrom, Maloney & Priess, Chicago (Robert W. Soderstrom, James R. Murray, Susan M. Luther, of counsel), for defendants-appellees Art Nissen & Son, Inc., Carroll Stanton.

Redding and Hyde, Chicago (Julius V. Padegimas, Kevin M. Lynch, of counsel), for defendants-appellees David and Cathleen Porzel.

Presiding Justice JIGANTI delivered the opinion of the court:

This appeal arises from a negligence action by the plaintiffs, Willis C. Marcus and his wife Marjorie Marcus, against the defendants, Art Nissen and Son, Inc., Carroll Stanton, David Porzel and Cathleen Porzel. Willis Marcus was injured in a three-car accident with the defendants on September 11, 1986. He died of unrelated causes on January 30, 1988. Several months later, on

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