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STARR v. WARD

No. 3-96-0569.

681 N.E.2d 1064 (1997)

289 Ill. App.3d 299

224 Ill.Dec. 443

Evelyn and Albert STARR, Plaintiffs-Appellees, v. Joseph WARD, Defendant-Appellant.

Appellate Court of Illinois, Third District.

June 17, 1997.

Attorney(s) appearing for the Case

James Ryan, Attorney General, Barvbara A. Preiner, Solicitor General, Paul Racette (argued), Asst. Attorney General, for Joseph Ward.

Jay H. Janssen (argued), Janssen, Maher, Wertz & Miller, Peoria, for Albert and Evelyn Starr.

Justice SLATER delivered the opinion of the court:

The present case arises out of a suit for damages filed by plaintiffs Evelyn and Albert Starr in the circuit court of Tazewell County. The plaintiffs' complaint originally named both Joseph Ward and the Illinois Department of Transportation (IDOT) as defendants, but IDOT was dropped from the suit by an agreement of the parties. Plaintiffs' alleged that the defendant, employee and agent of IDOT, was operating a riding...

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