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CRIPE v. LEITER

Nos. 3-96-1008, 3-96-1033.

683 N.E.2d 516 (1997)

291 Ill. App.3d 155

225 Ill.Dec. 348

Roberta L. CRIPE, Guardian of the Adult and Conservator of the Estate of Roberta A. Schmitz, Plaintiff-Appellee, v. Thomas E. LEITER and The Leiter Group, an Illinois Professional Corporation, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied August 21, 1997.

Attorney(s) appearing for the Case

Brad A. Elward, Karen L. Kendall (argued), David R. Sinn, and J. Kevin Wolfe, Heyle, Royster, Voelker & Allen, Peoria, for Thomas E. Leiten.

Bradley S. McMillan (argued), Heiple & McMillan, Peoria, for Robert L. Cripe.

Justice BRESLIN delivered the opinion of the court:

Plaintiff Roberta Cripe, as guardian for Roberta Schmitz, brought this action for fraud, breach of fiduciary duty and legal malpractice against defendants Thomas Leiter and his law firm, The Leiter Group. The trial court found that section 2-1115 of the Illinois Code of Civil Procedure (Code), 735 ILCS 5/2-1115 (West 1994), did not prohibit Cripe from seeking punitive damages for the common law fraud counts in her...

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