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SMITH v. TRI-R VENDING

No. 2-92-0583.

619 N.E.2d 172 (1993)

249 Ill. App.3d 654

188 Ill.Dec. 808

Charles SMITH, Sr., as Special Adm'r of the Estate of Charles Smith, Jr., Deceased, Plaintiff-Appellant, v. TRI-R VENDING et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied September 23, 1993.

Attorney(s) appearing for the Case

Charles A. Cohn, Erwin Cohn, Cohn & Associates, Chicago, for Charles Smith, Sr.

John C. Kiely, Michele H. Harland, Law Offices of John C. Kiely, Chicago, for Tri-R Vending, Luis Cotto.

Justice WOODWARD delivered the Opinion of the court:

Plaintiff, Charles Smith, Sr., as special administrator of the estate of Charles Smith, Jr. (Smith), appeals a grant of summary judgment for defendants, Tri-R Vending and its employee, Luis Cotto. Plaintiff sued under the Wrongful Death Act (Ill.Rev.Stat.1991, ch. 70, pars. 1 through 2.2), alleging that Smith was a passenger in a truck that Cotto negligently drove into a light pole, causing Smith's death.

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