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CANNING v. BARTON

No. 1-93-1179.

637 N.E.2d 702 (1994)

264 Ill.App.3d 952

202 Ill.Dec. 163

John H. CANNING and Judy Canning, Plaintiffs-Appellants, v. Forrest L. BARTON and Browning-Ferris Industries of Illinois, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

June 30, 1994.

Attorney(s) appearing for the Case

Mark G. Patricoski, Law Offices of Bozich & Beran, Palos Heights, for plaintiffs-appellants.

John M. Coleman, Christopher E. Lawler, Coleman & O'Halloran, Ltd., Chicago, for defendants-appellees.

Justice THEIS delivered the opinion of the court:

Plaintiffs John and Judy Canning brought this action seeking recovery for personal injuries allegedly sustained when their vehicle struck the rear of a garbage truck which had been parked in a lane of moving traffic on a routine stop. Plaintiffs sued defendants, the owner and driver of the truck, for negligence and willful and wanton misconduct. At trial, after plaintiffs had concluded their case in chief, the court...

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