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WOJTOWICZ v. CERVANTES

No. 1-93-4264.

672 N.E.2d 357 (1996)

284 Ill. App.3d 524

219 Ill.Dec. 849

Zygmundt WOJTOWICZ, as Special Administrator of the Estate of Tomasz Golinski, Deceased, Plaintiff-Appellant and Cross Appellee, v. Paul CERVANTES and Holmes Freight Lines, Inc., Defendants-Appellees and Cross Appellants.

Appellate Court of Illinois, First District, Fourth Division.

October 17, 1996.

Attorney(s) appearing for the Case

Freidman & Olson, Chicago (Roy Olson, of counsel), for plaintiff-appellant.

Iverson Carlson & Associates, Chicago (Herb Carlson, Timothy Lowery, of counsel), Levin, McParland, Phillips, Leydig & Haberkorn, Chicago (Lynn D. Dowd, of counsel), for defendants-appellees.

Justice O'BRIEN delivered the opinion of the court:

Plaintiff's cause of action arises from a fatal truck-bicycle accident occurring on May 29, 1987, at the intersection of Addison and California Streets in Chicago. Defendant Paul Cervantes, a driver for Holmes Freight Lines (Holmes), crushed plaintiff's decedent, 15-year-old bicyclist Tomasz Golinski, under the right rear tandem tires of his semi tractor-trailer. Plaintiff filed a wrongful death complaint against...

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