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SMITH v. HOLMES

No. 5-91-0302.

606 N.E.2d 627 (1992)

239 Ill. App.3d 184

179 Ill.Dec. 795

Alma SMITH, Individually, and as Mother and Next Friend of Tommy L. Smith, Plaintiff-Appellant, v. Finis HOLMES; Mary Virginia Holmes; Richard L. Holmes, Trustee of the Nicole Lynn Land Trust; R.L. Holmes, as Trustee of Mik-Mar Land Trust; Richard L. Holmes, Trustee of the James Lynn Land Trust, Darren Lynn Land Trust, and Samantha Lynn Land Trust; Linda Holmes; Modern Home and Land Development Corporation; Jim Shotton; Jim Shotton Construction Company, Inc.; and Holmes Construction Company, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 25, 1993.

Attorney(s) appearing for the Case

John Womick, Womick & Associates, Chtd., Carbondale, for plaintiff-appellant.

Charles E. Schmidt, Stephen W. Stone, Brandon, Schmidt & Palmer, Carbondale, for Richard L. Holmes, Trustee of the James Lynn Land Trust, Nicole Lynn Land Trust.

Fowler & Novick, William J. Novick, Marion, for Finis Holmes and Mary Virginia Holmes.

John C. Ryan, Brad A. Elward, and Michael F. Dahlen, Fierich/Schoen/Mager/Green, Carbondale, for Richard L. Holmes, Trustee of the Mik-Mar Land Trust, Jennifer Lynn Land Trust, Darren Lynn Land Trust, and Samantha Lynn Land Trust.

Brian P. McGarry, Marion, for Jim Shotton and Jim Shotton Const. Co., Inc.

William L. Berry and James D. Green, Dunham, Boman & Leskera, Belleville, for Richard L. Holmes and Linda Holmes, Individually.

Justice HENRY LEWIS delivered the opinion of the court:

The plaintiff, Alma Smith, individually and as mother and next friend of Tommy L. Smith, appeals the judgment of the trial court entered against her and in favor of the defendants herein on their motions for summary judgment. On April 23, 1988, Tommy Smith, who was 15 years old at the time, suffered serious brain damage as a result of oxygen deprivation that occurred while he played with the rope on a swing set...

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