CAPONI v. LARRY'S 66

No. 2-91-1325.

601 N.E.2d 1347 (1992)

236 Ill. App.3d 660

176 Ill.Dec. 649

August CAPONI, Indiv., and as Special Adm'r of the Estate of Antoinette Caponi, Deceased, Plaintiffs-Appellees, v. LARRY'S 66, et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied November 19, 1992.


Attorney(s) appearing for the Case

Fraterrigo, Best & Beranek, Chicago, James F. Best, argued, Suzanne Favia, Fraterrigo, Best & Beranek, Wheaton, for Larry's 66, Bernice Wegrzyn, Spec. Adm. and Wayne Wegrzyn.

Paul J. Bargiel, argued, Chicago, H. Evan Williams, IV, McKenna, Storer, Rowe, White & Farrug, Kralovec Marquard Doyle & Gibbons, Chtd., Frank E. Jeffers III, Wheaton, Kenneth J. Cortesi, Chicago, for August Caponi, Spec. Adm.

Rathje, Woodward, Dyer & Burt, Peter A. Zamis, Wheaton, Knight, Hoppe, Fanning & Knight, Ltd., Patrick J. Fanning, Des Plaines, for plaintiffs-appellees.


Justice NICKELS delivered the opinion of the court:

In this negligence action, the circuit court struck defendants' expert's deposition testimony as an impermissible contradiction of Lawrence Wegrzyn's (Larry's) judicial admissions during his deposition. The circuit court then granted partial summary judgment on the issue of liability in favor of plaintiff, August Caponi, as administrator of the estate of his wife, Antoinette Caponi (Antoinette's estate), and against...

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