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DIAZ v. KELLEY

No. 1-94-1628.

657 N.E.2d 657 (1995)

275 Ill.App.3d 1058

212 Ill.Dec. 456

Gladys DIAZ, Indiv. and as Special Adm'r of the Estate of Natalie Diaz, a Minor, Deceased, Plaintiff-Appellant, v. Ward KELLEY, Arlington Trucking Company, D & J Trucking, Inc., ATC Trucking, Inc. and W.V. Graham, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

As Modified on Denial of Rehearing November 9, 1995.

Attorney(s) appearing for the Case

Power Rogers & Smith P.C., Chicago (Joseph A. Power, Jr., Larry R. Rogers, Jr. and David A. Novoselski, of counsel) for appellant.

O'Connor, Schiff & Myers, Chicago (Kevin F. Donohue, Patrick D. Riley and Loretta M. Griffin, of counsel) for appellees.

MODIFIED ON DENIAL OF REHEARING

Justice McNULTY delivered the opinion of the court:

Plaintiff Gladys Diaz, on behalf of the estate of her daughter Natalie Diaz, brought suit against truck driver Ward Kelley and ATC Trucking Company. The jury found in favor of defendants and plaintiff appeals, contending that: (1) the trial court erred in failing to grant a new trial after learning that the jury foreperson had...

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