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CHUHAK v. KROL

No. 1-91-1656.

628 N.E.2d 802 (1993)

256 Ill. App.3d 6

195 Ill.Dec. 338

Thomas CHUHAK, Administrator of the Estate of Jacek Ciernicki, Deceased, Plaintiff-Appellant, v. Bogdan KROL, individually and d/b/a Columbia Trailer & Truck Repair, Gelco Tip Trailer Leasing, a corporation, James A. Bradbent, MPG Transport, a corporation, Mike Wasacki, Highland Superstores, a corporation, and Highland Appliance Company, a corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied February 9, 1994.

Attorney(s) appearing for the Case

Carr & O'Rourke Associates, Chicago, (Glenn J. Jazwiec, of counsel), for plaintiff-appellant.

Schaffenegger, Watson & Peterson, Ltd., Chicago, (John Piegore, Michael A. Strom, of counsel), for defendants-appellees.

Presiding Justice TULLY delivered the opinion of the court:

This case arises out of the fatal accident which occurred when decedent, Jacek Ciernicki, was performing repairs on a truck trailer which collapsed on him. Plaintiff filed suit against six defendants for the fatal injuries suffered by plaintiff's decedent. The trial court entered summary judgment in favor of defendant, Highland Superstores ("Highland") on the basis that Highland owed no duty to warn or protect...

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