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TODD v. SMITH

No. 3-94-0123.

642 N.E.2d 878 (1994)

267 Ill. App.3d 699

205 Ill.Dec. 13

Rodney TODD, as Special Administrator of the Estate of Tiffany Todd, a deceased minor, Plaintiff-Appellant, v. Elda SMITH and Dollie Todd as Administrators of the Estate of Herbert Cook, deceased, Defendants-Appellees and Herbert Smith and Kathy Smith, Defendants.

Appellate Court of Illinois, Third District.

Rehearing Denied December 21, 1994.

Attorney(s) appearing for the Case

Joseph T. McGuire, argued, Law Offices of Donald J. Nolan, Chicago, Kevin E. Bry, Oak Park, for Rodney Todd.

Jill W. Broderick, argued, T. Donald Henson, Herbolsheimer, Lannon, Henson, Duncan & Reagan PC., LaSalle, for Elda Smith and Dollie Todd.

Justice McCUSKEY, delivered the opinion of the court:

The plaintiff, Rodney Todd, brought this action seeking recovery for the death of his minor daughter in a house fire. His complaint alleged that Herbert Cook (landlord) had a statutory duty to install smoke detectors and that the landlord's failure to do so proximately caused his daughter's death. The circuit court of La Salle County found the landlord had no statutory...

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