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BURNHAM v. LEWIS

577 N.E.2d 922 (1991)

217 Ill. App.3d 752

160 Ill.Dec. 597

Charles D. BURNHAM, a minor, by his Mother and Next Friend, Pamela Burnham, Plaintiff-Appellant, v. Cheryl A. LEWIS, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

August 27, 1991.

Attorney(s) appearing for the Case

Joseph J. Neely, Neely and Neely, Metropolis, for plaintiff-appellant.

Charles E. Schmidt, Rebecca J. O'Neill, Brandon & Schmidt, Carbondale, for defendant-appellee.

Presiding Justice RARICK delivered the opinion of the court:

On May 12, 1986, Charles Burnham, age 10, was struck and injured by an automobile driven by Cheryl Lewis. Plaintiff filed the present action in the circuit court of Massac County on January 6, 1987, and defendant filed her answer on February 3, 1987. Contained in defendant's answer was the affirmative defense of comparative fault. On December 8, 1988, plaintiff amended the complaint by adding a count for...

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