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BYBEE v. O'HAGEN

No. 4-92-0787.

612 N.E.2d 99 (1993)

243 Ill. App.3d 49

183 Ill.Dec. 842

David BYBEE, Administrator of the Estate of Jessie Bybee, deceased; Charlotte Gant, a minor by her parents and next friends, Anita Gant and David Bybee; Anita Gant, individually; and David Bybee, individually, Plaintiffs-Appellees, v. Thomas O'HAGEN, individually and d/b/a Loami Lakes Estate, Defendant-Appellant (Barbara Hart; Roy Hart; Terry Hart; and Hart of Illinois, Inc., an Illinois Corporation, Defendants).

Appellate Court of Illinois, Fourth District.

Decided April 8, 1993.

Attorney(s) appearing for the Case

A. Michael Kopec, Stratton, Dobbs & Nardulli, Argued by A. Michael Kopec, Springfield, for defendant-appellant.

David V. Dorris, Jerome Mirza & Associates, Ltd., Argued by David V. Dorris, Bloomington, for plaintiffs-appellees.

Justice COOK delivered the opinion of the court:

Plaintiffs seek damages resulting from a February 18, 1990, fire at the mobile home in which they resided. Counts I, III, V, and VII of plaintiffs' fourth-amended complaint allege damages resulting from their landlord's (defendant Thomas O'Hagen's) violation of the Smoke Detector Act (Act) (Ill.Rev.Stat.1989, ch. 127½, par. 801 et seq.). Defendant filed a motion to dismiss based on plaintiffs' failure to...

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