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TOPPS v. FERRARO

No. 2-91-1129.

601 N.E.2d 292 (1992)

235 Ill. App.3d 43

175 Ill.Dec. 895

Anthony TOPPS, Plaintiff-Appellant, v. Phillip FERRARO, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied November 9, 1992.

Attorney(s) appearing for the Case

Brian Dean Shore, argued, Guyer & Enichen, Rockford, for Anthony Topps.

Michael T. Caldwell, argued, Caldwell, Berner & Caldwell, Woodstock, for Phillip Ferraro.

Justice McLAREN delivered the opinion of the court:

Plaintiff, Anthony Topps, filed a one-count complaint in the circuit court of McHenry County alleging negligence against defendant, Phillip Ferraro. The trial court granted defendant's motion for summary judgment, and plaintiff filed this timely appeal. The sole issue presented for review is whether the trial court erred in granting summary judgment in favor of defendant. We reverse and remand the cause.

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