CATES v. CATES

No. 5-89-0615.

588 N.E.2d 330 (1992)

225 Ill. App.3d 509

167 Ill.Dec. 689

Heather CATES, a Minor, by her Mother and Next Friend, Nancy Cates, now known as Nancy Cates Schmittling, Plaintiff-Appellant, v. Timothy CATES, Defendant-Appellee (Nancy Cates Schmittling, Plaintiff; Robert Stookey, as Public Administrator of the Estate of Phillip Darwin, Deceased; and Keeley and Sons, Inc., Defendants).

Appellate Court of Illinois, Fifth District.

Rehearing Denied March 30, 1992.


Attorney(s) appearing for the Case

Rhonda D. Fiss, Neubauer & Meyer, Fairview Heights, for Heather and Nancy Cates.

Theodore J. MacDonald, Jr., J. Todd Hayes, Burroughs, Simpson, Hepler, Broom & MacDonald, Edwardsville, for Robert Stookey.


Justice HOWERTON delivered the opinion of the court:

Plaintiff was riding in a car driven by her father, who was divorced from her mother, who had custody. She and her father were on their way to a circus, but when it began to rain, they decided to drive to her father's home, instead. On the way, her father drove from Illinois Route 15 onto Illinois Route 157. Keeley and Sons, Inc., was repairing the intersection under a contract with the State. As plaintiff's father...

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