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KERKER v. ELBERT

No. 4-93-0932.

634 N.E.2d 482 (1994)

261 Ill. App.3d 924

199 Ill.Dec. 643

Steven E. KERKER, Plaintiff-Appellee, v. Gregory A. ELBERT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided May 20, 1994.

Rehearing Denied June 20, 1994.

Attorney(s) appearing for the Case

Charles D. Knell, Scott R. Paulsen (argued), Quinn, Johnston, Henderson & Preterms, Chartered, Peoria, for appellant.

James R. Carter (argued), James R. Carter, P.C., Peoria, for appellee.

Patrick A. Salvi, Law Office of Patrick A. Salvi, Waukegan, Curt N. Rodin, Richard A. Kimnach, Anesi, Ozmon & Rodin, Ltd., Chicago, amicus curiae, for Illinois Trial Lawyers Ass'n.

Justice GREEN delivered the opinion of the court:

Pursuant to Supreme Court Rule 308(a), we granted leave to appeal in this case after the trial court denied a defense motion to dismiss a count of a complaint and found that the ruling involved "a question of law as to which there is substantial ground for a difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." (134 Ill.2d R. 308(a).) The...

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