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FIRST MIDWEST TRUST CO. v. ROGERS

No. 4-96-0788.

701 N.E.2d 1107 (1998)

296 Ill. App.3d 416

233 Ill.Dec. 833

FIRST MIDWEST TRUST COMPANY, as Administrator of the Estate of Jerry Mallady, Deceased, and Gaythel Mallady, Individually, Plaintiffs-Appellants and Cross-Appellees, v. Paul Ty ROGERS and The Town of Arcola, commonly known as Arcola Township, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Fourth District.

April 3, 1998.

Attorney(s) appearing for the Case

John F. Martin (argued), David J. Ryan, Dukes, Martin, Ryan, Meyer & Krapf, Ltd., Danville, for First Midwest Trust Company.

Karen L. Kendall (argued), Heyl, Royster, Voelker & Allen, Peoria, James C. Kearns, Fred K. Heinrich, Heyl, Royster, Voelker & Allen, Urbana, Stephen L. Corn (argued), Kathleen M. Stockwell, Craig & Craig, Mattoon, for Paul Ty Rogers.

MODIFIED UPON DENIAL OF REHEARING

Justice STEIGMANN delivered the opinion of the court:

In July 1993, plaintiffs Jerry Mallady and his wife Gaythel sued defendants, Paul Ty Rogers and the Town of Arcola (Arcola), for damages resulting from a collision between Jerry's automobile and a snowplow driven by Rogers during the course of his employment with Arcola. In July 1996, the jury awarded damages based on Rogers' negligence and found Jerry 50% comparatively...

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