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THOMPSON v. TITE

No. 5-90-0181.

574 N.E.2d 243 (1991)

214 Ill. App.3d 1096

158 Ill.Dec. 449

Frances M. THOMPSON, Mother and Next Friend of William Matthew Abel, Kevin Wayne Abel, and Melissa Ann Abel, Plaintiff-Appellant, v. Arthur TITE, d/b/a Ye Ole Tavern; and Congress of Independent Unions, a Duly Organized Labor Organization, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

June 7, 1991.

Attorney(s) appearing for the Case

James S. Reeves, Alton, for plaintiff-appellant.

Thomas L. Kilbride, Klockau, McCarthy, Ellison & Marquis, P.C., Rock Island, for defendants-appellees.

Justice HOWERTON delivered the opinion of the court:

We reverse the summary judgment granted to defendants in this dram shop case. Plaintiff sued pursuant to the Liquor Control Act of 1934, commonly known as the Dram Shop Act (Ill.Rev.Stat.1989, ch. 43, par. 135) for loss of means of support caused by an intoxicated person. The circuit court granted summary judgment because decedent had not kept his child support payments current.

A motion for summary judgment...

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