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SMOLEK v. K.W. LANDSCAPING

No. 2-93-0707.

639 N.E.2d 974 (1994)

266 Ill.App.3d 226

203 Ill.Dec. 415

Dorothy SMOLEK et al., Plaintiffs-Appellants, v. K.W. LANDSCAPING, Defendant (Ollman Town Homeowners Association, Defendant-Appellee).

Appellate Court of Illinois, Second District.

August 30, 1994.

Attorney(s) appearing for the Case

Thomas J. Fleischmann, Vanessa J. Weathersby, Gessler, Flynn, Fleischmann, Hughes & Socol, Ltd., Chicago, for Dorothy Smolek and Louis Smolek.

David L. Coghlan, O'Donnell, Murtaugh & Coghlan, Lombard, for K.W. Landscaping.

John B. Higgins, Stephen Burriesci, Clancy & Krippner, P.C., St. Charles, for Ollman Town Homeowners Assoc.

Justice DOYLE delivered the opinion of the court:

Plaintiff Dorothy Smolek's personal injury action against defendants, the Ollman Town Homeowners' Association (Association) and K.W. Landscaping (K.W.), arose from injuries she sustained after stepping into a hole on the Association's property. Dorothy's husband, plaintiff Louis Smolek, commenced an action against defendants for loss of consortium. At the close of plaintiffs...

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