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EIDSON v. AUDREY'S CTL, INC.

No. 5-92-0176.

621 N.E.2d 921 (1993)

251 Ill. App.3d 193

190 Ill.Dec. 468

Homer E. EIDSON and Melissa Ann Eidson, by her father and next friend, Homer E. Eidson, Plaintiffs, v. AUDREY'S CTL, INC., d/b/a Audrey's Clifton Terrace Lounge; Audrey Fillback; Paul Schneider, d/b/a the Rubel Lounge; and George Daiker, Defendants and George Daiker, Counterplaintiff-Appellant, Homer E. Eidson, Counterdefendant-Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied October 28, 1993.

Attorney(s) appearing for the Case

Gail R. Gisy, Eric S. Pistorius, Jerseyville, for appellant.

Timothy S. Richards and Karen E. Mason, of counsel, Gundlach, Lee, Eggmann, Boyle & Roessler, Belleville, for appellee.

Justice MAAG delivered the opinion of the court:

On December 21, 1986, the plaintiff, Homer E. Eidson, and one of the defendants, George Daiker, were together in a 1983 Plymouth Voyager van owned by Homer. The van left the roadway and hit a telephone pole in Jersey County, Illinois. Both Homer and George were injured in the collision with the pole, and both claim that the other was driving at the time of the collision.

On December 21, 1987, Homer filed a complaint...

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