LUNA v. PIZZAS BY MARCHELLONI

No. 3-95-0851.

664 N.E.2d 1112 (1996)

279 Ill. App.3d 402

216 Ill.Dec. 184

Rosa LUNA, Mother and Next Friend of Miguel Alejandro Luna, a Minor; Rosa Luna, Individually, and Miguel Luna, Plaintiffs-Appellants, v. PIZZAS BY MARCHELLONI; Italian Express Franchise Corporation; Italian Express Franchise Corporation, d/b/a Pizzas By Marchelloni; RF Enterprises, a partnership; Phillip Falbo; Rosemary Falbo; Phillip Falbo, d/b/a RF Enterprises; Rosemary Falbo, d/b/a RF Enterprises; Brian R. Luenemann, Defendants, and Total Overhead Door, Inc., and Roger Jacobson, Defendants-Appellees.

Appellate Court of Illinois, Third District.

April 30, 1996.


Attorney(s) appearing for the Case

Roman R. Okrei, Stefanich, McGarry, Wols & Okrei, Joliet, IL, for Miguel Alejandro Luna, Rosa Luna.

Thomas P. Mangan, Schoen & Smith, Ltd., Chicago, IL, for Roger Jacobson, Total Overhead Door, Inc.


Justice SLATER delivered the opinion of the court:

The plaintiffs, Rosa C. Luna and Miguel Luna, filed a complaint against defendants Pizzas by Marchelloni1, Brian R. Luenemann, Total Overhead Door, Inc., and Roger Jacobson for damages resulting from an automobile collision. On May 17, 1995, defendants Total Overhead Door, Inc., and Roger Jacobson filed a motion to dismiss the counts against them (Counts XI, XII, XXIII, XXIV, XXXV and...

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