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HUMBERT v. PALUMBO EXCAVATING CO., INC.

No. 1-91-3888.

625 N.E.2d 21 (1993)

252 Ill. App.3d 269

192 Ill.Dec. 61

Bessie Mae HUMBERT, Administrator of the Estate of Marvin Humbert, Deceased, Plaintiffs-Appellants, v. PALUMBO EXCAVATING COMPANY, INC., Defendant-Appellee (Beco-Western, Inc., Third-Party-Plaintiff, v. Leininger Mid-States Paving Co., Inc., Third-Party-Defendant).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 17, 1993.

Attorney(s) appearing for the Case

Bruce A. Dickman, Robert Carrillo and Edward T. Graney of counsel, Chicago, for plaintiff-appellant.

Office of Landau, Omahana & Kopka, Ltd. (Jeffrey S. Herden, Timothy M. Palumbo and Gene A. Pinkus of counsel) Chicago, for defendant-appellee.

Presiding Justice MANNING delivered the opinion of the court:

This is an appeal by plaintiff, as administrator of the estate of decedent, from a judgment of the trial court granting summary judgment in favor of defendant. Plaintiff brought a four-count complaint against defendant Palumbo Excavating Company seeking to recover damages for the death of decedent Marvin Lamont Humbert. Plaintiff's complaint alleged specific acts of negligence and violation of the Illinois...

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