POTTINGER v. POTTINGER

No. 2-92-0308.

605 N.E.2d 1130 (1992)

238 Ill. App.3d 908

179 Ill.Dec. 116

Carolyn POTTINGER, as Guardian for Disabled Adult Ida Werner, Plaintiff-Appellee, v. Robert R. POTTINGER et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

December 23, 1992.


Attorney(s) appearing for the Case

Peter L. Krentz, Plano, for Robert R. and Diane M. Pottinger.

Daniel J. Kramer, Law Office of Daniel J. Kramer, Yorkville, for Carolyn Pottinger, Guardian.


Justice DOYLE delivered the opinion of the court:

Defendants, Robert R. Pottinger and Diane M. Pottinger, bring this timely appeal from the order of the circuit court of Kendall County awarding plaintiff, Carolyn Pottinger, as guardian for Ida Werner, a disabled adult, damages in the amount of $80,546.21.

The issues raised on appeal are: (1) whether the trial court's ruling that a constructive fraud or fiduciary duty in fact existed between defendants and...

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