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COATS v. HERTZ CORP.

No. 5-97-0441.

695 N.E.2d 76 (1998)

296 Ill. App.3d 697

230 Ill.Dec. 867

Vicki Ann COATS, Individually and as Administrator of the Estate of Robert D. Coats, Plaintiff-Appellee, v. The HERTZ CORPORATION, Defendant-Appellant (Ronald C. Wills and Ford Motor Company, Defendants).

Appellate Court of Illinois, Fifth District.

May 20, 1998.

Attorney(s) appearing for the Case

Michael F. Dahlen, John C. Ryan, Kara L. Jones, Feirich/Mager/Green/Ryan, Carbondale, for Defendant-Appellant.

Womick & Associates, Chtd., Carbondale, for Plaintiff-Appellee.

Justice CHAPMAN delivered the opinion of the court:

On October 19, 1993, Roberts Coats burned to death in the back seat of a car that had been driven into a ditch by the defendant, Ronald Wills. Plaintiff filed suit against Wills, and later, plaintiff filed counts XIII, XIV, and XV of an amended complaint against Hertz Corporation (Hertz), which had leased the car to Wills in New York. Those counts are based on a New York statute that provides:

"Every owner...

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