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MOORE v. SWOBODA

Nos. 4-89-0957, 4-90-0044.

571 N.E.2d 1056 (1991)

213 Ill. App.3d 217

157 Ill.Dec. 37

Ricky MOORE, Sr., Individually and as Special Administrator of the Estate of Ricky Moore, Jr., Deceased, Plaintiff-Appellant, v. Douglas SWOBODA and Stokely USA, Inc., a Corporation, Defendants-Appellees. Ricky MOORE, Sr., Individually and as Special Administrator of the Estate of Ricky Moore, Jr., Deceased, Plaintiff-Appellee and Counterdefendant-Appellee, v. Douglas SWOBODA and Stokely USA, Inc., a Corporation, Defendants-Appellants and Counterplaintiffs-Appellants (Cathy Moore, Counterdefendant-Appellee).

Appellate Court of Illinois, Fourth District.

April 23, 1991.

Attorney(s) appearing for the Case

Edward M. Wagner, Heyl, Royster, Voelker & Allen, Urbana, for plaintiff-appellant.

Eileen M. O'Sullivan, Jerome Mirza & Associates, Ltd., Bloomington, Edward J. Kionka, Carbondale, for defendants-appellees.

Justice STEIGMANN delivered the opinion of the court:

This litigation has its origin in a tragic accident that occurred on September 8, 1985, when a truck driven by defendant, Douglas Swoboda, struck a dirt bike driven by Ricky Moore, Jr. (Ricky). Ricky's friend, Kirby Torbet (Kirby), was a passenger on the dirt bike at the time of the accident. Ricky and Kirby died from the injuries sustained in the collision. The truck...

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