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DiBENEDETTO v. FLORA TOWNSHIP

No. 72869.

605 N.E.2d 571 (1992)

153 Ill.2d 66

178 Ill.Dec. 777

Sandra L. DiBENEDETTO, Special Adm'r of the Estate of Scott A. DiBenedetto, Appellee, v. FLORA TOWNSHIP, Appellant.

Supreme Court of Illinois.

October 30, 1992.

Attorney(s) appearing for the Case

Knight, Hoppe, Fanning & Knight, Ltd., Des Plaines (Sarah Hansen Sotos, Joette S. Doran and Janella L. Barbrow, of counsel), for appellant.

Gregory E. Barrett, Schlueter, Ecklund, Olson, Barrett & Mayfield, Rockford, for appellee Sandra L. DiBenedetto.

Law Offices of Jeffrey M. Marks, Chicago (Clark M. Raymond, of counsel), amicus curiae, for Illinois Trial Lawyers Assn.

Justice HEIPLE delivered the opinion of the court:

Scott DiBenedetto died as a result of a one-car accident which occurred on or about January 25, 1989. Plaintiff, Sandra DiBenedetto, as special administrator of Scott DiBenedetto's estate, filed a complaint against defendant, Flora Township, to recover damages for Scott's death.

Plaintiff alleges in her amended complaint, inter alia: that Scott DiBenedetto, decedent, was southbound on Wheeler Road in...

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