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RIVAS v. WESTFIELD HOMES OF ILLINOIS, INC.

No. 2-97-0545.

692 N.E.2d 1359 (1998)

295 Ill. App.3d 304

230 Ill.Dec. 193

Gil RIVAS et al., Plaintiffs-Appellants, v. WESTFIELD HOMES OF ILLINOIS, INC., Defendants-Appellees (Edward Hamming, Indiv. and as an Employee of Saint Therese Medical Center et al., Defendants).

Appellate Court of Illinois, Second District.

March 31, 1998.

Attorney(s) appearing for the Case

Goldberg & Goldberg, Philip J. Nathanson, Chicago, for Gil Rivas and Jo Ann Rivas.

Russell W. Hartigan, Francis P. Cuisinier, Russell W. Hartigan & Associates, Chicago, Marc F. Benjoya, Cassiday, Schade & Gloor, Waukegan, for Westfield Homes of Illinois, Inc.

Justice COLWELL delivered the opinion of the court:

The plaintiffs, Gil Rivas and Jo Ann Rivas, filed a complaint against the defendant Westfield Homes of Illinois, Inc. (Westfield), alleging that Westfield breached a duty of reasonable care that proximately caused an injury to Mr. Rivas's ankle. The trial court determined as a matter of law that Westfield did not owe the plaintiffs a duty of care. Accordingly, it granted the defendant's motion for summary judgment...

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