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GILMORE v. CITY OF ZION

No. 2-92-0078.

605 N.E.2d 110 (1992)

237 Ill. App.3d 744

178 Ill.Dec. 671

Roselyn M. GILMORE, a Minor, By and Through her Father, Rodney Gilmore, Plaintiff, v. The CITY OF ZION et al., Defendants-Appellants and Third-Party Plaintiffs (Zion School District No. 6, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

December 9, 1992.

Attorney(s) appearing for the Case

Lynn D. Dowd, Marc F. Benjoya, Timothy J. Ashe (argued), Cassiday, Schade & Gloor, Chicago, and Berle L. Schwartz, Highland Park, for City of Zion, et al.

Steven R. Levin, Pekin & Levin & Associates, Chicago, for Roselyn N. Gilmore.

Wayne F. Plaza, David J. Bressler, Timothy M. McLean (argued), Rooks, Pitts & Poust, Wheaton, for Zion School Dist. No. 6.

Justice UNVERZAGT delivered the opinion of the court:

Plaintiff, Roselyn Gilmore, filed a complaint against the defendants, the City of Zion and Jimmie Jester (the City). Plaintiff alleged that a motor vehicle driven by Jester, an agent of the City of Zion, struck her as she crossed an intersection of two public highways adjacent to her elementary school. Plaintiff was seven years old on the date of the accident.

The City filed a third-party action for contribution...

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