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TORF v. COMMONWEALTH EDISON

Nos. 2-93-1467, 2-94-0108.

644 N.E.2d 467 (1994)

268 Ill. App.3d 87

205 Ill.Dec. 911

Lawrence TORF et al., Indiv. and as Special Co-adm'rs of the Estate of Ryan Torf, Deceased, Plaintiffs-Appellants, v. COMMONWEALTH EDISON et al., Defendants-Appellees. Ruth ENDICOTT, Indiv. and as Special Adm'r of the Estate of Davis Endicott, Deceased, Plaintiffs-Appellants, v. COMMONWEALTH EDISON et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

December 21, 1994.

Attorney(s) appearing for the Case

Steven J. Seidman, Barry A. Spevack, Monico, Pavich & Spevack, Chicago, for Lawrence Torf, Lois Torf.

Thomas H. Fegan, Mindy Kallus, William A. Geiser, Johnson & Bell, Ltd., John W. Bell, Johnson, Cusak & Bell, Ltd., Chicago, for Commonwealth Edison.

Michael K. Noonan, Sullivan, Smith, Hauser & Noonan, Ltd., Waukegan, for City of Waukegan.

Justice BOWMAN delivered the opinion of the court:

In separate actions the plaintiffs sued Commonwealth Edison (Edison) and the City of Waukegan (the City). Each complaint alleged that plaintiffs' decedent had drowned in Lake Michigan after being unable to escape swirling currents created by Commonwealth Edison's generating plant. In each cause, the trial court granted defendants' motions for judgment on the pleadings. Plaintiffs appealed, contending that the court...

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