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VROEGH v. J & M FORKLIFT

No. 76676.

651 N.E.2d 121 (1995)

165 Ill.2d 523

209 Ill.Dec. 193

Adrian VROEGH, Special Adm'r of the Estate of Douglas P. Maicach, v. J & M FORKLIFT et al. (ANR Freight System, Appellant; Petroleum Gas Services, Ltd., et al., Appellees.)

Supreme Court of Illinois.

Rehearing Denied May 30, 1995.

Attorney(s) appearing for the Case

Williams & Montgomery, Ltd., Chicago (Barry L. Kroll, James K. Horstman, Thomas H. Neuckranz and Lloyd E. Williams, Jr., of counsel), for appellant.

Ira E. Sussman and Gerard B. Gallagher, of Gallagher & Joslyn, Oakbrook Terrace, for appellee Petrolane Gas Services, Ltd.

Lord, Bissell & Brook, Chicago (Gerald O. Sweeney, Jr., Hugh C. Griffin and Stephen A. DiTullio, of counsel), and Thomas M. Taggart and Sandra J. Anderson, of Vorys, Sater, Seymour & Pease, of Columbus, Ohio, for appellee Worthington Industries, Inc.

Justice HARRISON delivered the opinion of the court:

Douglas P. Maicach was killed while fighting a fire at a facility owned by ANR Freight System (ANR). A wrongful death action followed. The count directed against ANR was dismissed with prejudice pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1992)) on the grounds that the "fireman's rule" shielded ANR from liability. The issue before us now is whether that dismissal precludes two...

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