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CHAPTER v. MONFORT OF COLORADO, INC.

No. 93-3464.

20 F.3d 286 (1994)

Robert CHAPTER, individually and as guardian of Audrey Chapter, a disabled person, Plaintiff-Appellee, v. MONFORT OF COLORADO, INCORPORATED, Sipco, Incorporated, and Travelers Plan Administrators of Colorado, Incorporated, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 1994.

Rehearing and Suggestion for Rehearing Denied April 28, 1994.

Attorney(s) appearing for the Case

Kurt D. Hyzy, Robert J. Biswurm (argued), Rebecca J. Economos, Chicago, IL, for plaintiff-appellee.

Richard S. Jalovec, Chicago, IL, William H. Bruckner, Sylvia Davidow (argued), Bruckner & Sykes, Houston, TX, for Monfort of Colorado, Inc., Sipco, Inc.

William G. Beatty, Thomas J. Lyman, III, Johnson & Bell, Richard S. Jalovec, Chicago, IL, William H. Bruckner, Sylvia Davidow, Bruckner & Sykes, Houston, TX, for Travelers Plan Adm'rs of Colorado, Inc.

Before POSNER, Chief Judge, ROVNER, Circuit Judge, and GILBERT, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 28, 1994.

POSNER, Chief Judge.

Audrey Chapter swerved her car into on-coming traffic and collided with two cars, killing a passenger in one. She was badly injured herself, sustaining permanently disabling brain damage. Tests after the accident found very high levels of alcohol in her blood, and she was indicted for reckless homicide; but because of the damage to her brain, it is unlikely that she...

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