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CLAUDY v. COMMONWEALTH EDISON CO.

No. 1-91-1171.

626 N.E.2d 1088 (1993)

255 Ill. App.3d 714

193 Ill.Dec. 537

Barbara CLAUDY, Individually and as Administrator of the Estate of Keith Claudy, deceased, and Barbara Claudy, as Mother and Next Friend of Angela Claudy and Jennifer Claudy, minors, Plaintiffs-Appellants/Cross-Appellees, v. COMMONWEALTH EDISON COMPANY, a corporation, and City of Sycamore, a municipal corporation, Defendants (Commonwealth Edison Company, a corporation, and City of Sycamore, a municipal corporation, Third-Party Plaintiffs, Larry Jones, Individually, and d/b/a AAA Tree Service, Third-Party Defendant-Appellee/Cross Appellant).

Appellate Court of Illinois, First District, Second Division.

Certificate of Importance Allowed November 18, 1993.

Attorney(s) appearing for the Case

Bernard R. Nevoral & Associates, Ltd., Chicago (Bernard R. Nevoral, David L. Cwik, Karen A. Keefer, of counsel), for plaintiff, appellant, cross-appellee.

Kiesler & Berman, Chicago (Alan P. Miller, R. Howard Jump, Patti M. Deuel, of counsel), for third-party defendant, appellee, cross-appellant.

Cassiday, Schade & Gloor, Chicago (Rudolf G. Schade, Timothy J. Ashe, Michael M. Tannen, of counsel), for amicus curiae IL Ass'n of Defense Trial Counsel.

Kiesler & Berman, Chicago (Alan P. Miller, R. Howard Jump, Jeffrey S. Pavlovich, of counsel), of counsel on brief of amicus curiae IL Ass'n of Defense Trial Counsel.

Cooney and Conway, Chicago (James T. Newman, of counsel), for amicus curiae IL Trial Lawyers Ass'n.

Bernard R. Nevoral & Associates, Ltd., Chicago (Bernard R. Nevoral, of counsel), of counsel on brief of amicus curiae IL Trial Lawyers Ass'n.

Justice SCARIANO delivered the opinion of the court:

Plaintiff Barbara Claudy brought a wrongful death action against defendants Commonwealth Edison Company (Edison) and the City of Sycamore (the City) in connection with the death of her husband, Keith Claudy, an employee of AAA Tree Service, who was electrocuted while engaged in removing a tree near Edison's power lines in Sycamore, Illinois.1 AAA Tree Service had been retained by the...

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