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HENSTEIN v. BUSCHBACH

Nos. 1-91-2495, 1-92-0647.

618 N.E.2d 1042 (1993)

248 Ill. App.3d 1010

188 Ill.Dec. 472

Sandra HENSTEIN, as Special Administrator of the Estate of Joshua Henstein, a minor, deceased, Plaintiff-Appellant, v. James BUSCHBACH, Defendant-Appellee. Ben O. HENSTEIN, individually and as Independent Administrator of the Estate of Joshua A. Henstein, a minor, deceased, and Sandra A. Henstein, Plaintiffs-Appellants, v. FIRST NATIONAL BANK OF EVERGREEN PARK, as Trustee Under Trust No. 2273, James A. Buschbach, Joan H. Buschbach, Juan Lopez, and Keith Fox, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied August 31, 1993.

Attorney(s) appearing for the Case

Donald J. Nolan, Chicago (Joseph T. McGuire, Joan R. Stohl, of counsel), for plaintiffs-appellants.

Williams & Montgomery, Ltd. Chicago (Barry L. Kroll, James K. Horstman, Mary A. Sliwinski, Lloyd E. Williams, Jr., Thomas H. Neuckranz, of counsel), for defendants-appellees.

Justice GREIMAN delivered the opinion of the court:

This consolidated appeal stems from an incident where a two-year-old minor, Joshua Henstein, sustained fatal injuries from a fall out of a third-floor apartment window. The circuit court dismissed the complaints filed in separate actions and these dismissal orders are now challenged on appeal.

We affirm the orders dismissing both complaints, finding that the Illinois Supreme Court decision in Lamkin v...

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