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MITCHELL v. ATWOOD ENTERPRISES, INC.

No. 2-93-0093.

624 N.E.2d 878 (1993)

253 Ill. App.3d 475

191 Ill.Dec. 690

James MITCHELL et al., Plaintiffs-Appellees, v. ATWOOD ENTERPRISES, INC., et al., Defendants-Appellees (Spartan Express, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

December 6, 1993.

Attorney(s) appearing for the Case

Robert E. Luedke (argued), Williams & McCarthy, P.C., Rockford, for Spartan Exp.

No attorney for Atwood Enterprises, Inc., Clock Tower Properties, Inc., Tower Gas Mart, Inc., Schlichting & Sons Excavating.

Randall K. Reese, Reese & Reese, Rockford, William E. Gottfred (argued), for James Mitchell.

Gregory E. Barrett, Schlueter, Ecklund, Olson, Barrett & Mayfield, Rockford, for Shirlyn Mitchell.

Justice GEIGER delivered the opinion of the court:

This appeal is taken by the intervenoremployer, Spartan Express, from the trial court's order distributing the agreed personal injury settlement paid by the defendants Atwood Enterprises, Inc., Clock Tower Properties, Inc., Tower Gas Mart, Inc., and Schlichting & Sons Excavating, to the plaintiffs James and Shirlyn Mitchell. We reverse and remand.

This cause arises from the plaintiff husband's slip and...

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