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McLEAN v. YOST

No. 4-94-0865.

652 N.E.2d 426 (1995)

273 Ill. App.3d 178

209 Ill.Dec. 886

Lottie McLEAN, Plaintiff-Appellant, v. Gene YOST, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Carol Hansen Posegate, David A. Herman (argued), Arthur B. Cornell, Jr., Giffin, Winning, Cohen & Bodewes, P.C., Springfield, for Lottie McLean.

Randall A. Mead (argued), Drake, Narup & Mead, P.C., Springfield, for Gene Yost.

Justice LUND delivered the opinion of the court:

This is a case in which defense counsel, in a personal injury action, made a supposed tender under the provisions of section 5-126 of the Code of Civil Procedure (Code) (Ill. Rev.Stat.1991, ch. 110, par. 5-126) (now 735 ILCS 5/5-126 (West 1992)) to settle for an amount of $18,000. No money was deposited with the court. Plaintiff refused, went to trial, and the jury delivered a verdict in defendant's favor. Now...

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