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ESTATE OF PESSIN v. STATE, DEPT. OF TRANS.

No. 5-98-0137.

705 N.E.2d 935 (1999)

302 Ill. App.3d 417

235 Ill.Dec. 752

ESTATE OF Stuart I. PESSIN, Deceased, as represented by Donna Pessin n/k/a Donna F. Spiegel, Executrix; Donna F. Spiegel; Jordan M. Pessin, by and through Donna F. Spiegel, his mother and next friend; and Tracy G. Pessin, by and through Donna F. Spiegel, her mother and next friend, Plaintiffs-Appellants, v. The STATE of Illinois, The DEPARTMENT OF TRANSPORTATION, The DIVISION OF HIGHWAYS, The Illinois Court of Claims, and Roger A. Sommer, Andrew M. Raucci, Norma F. Jann, Robert Frederick, David A. Epstein, Richard T. Mitchell, and Frederick J. Hess, Judges of the Illinois Court of Claims, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

January 20, 1999.

Attorney(s) appearing for the Case

Robert E. Wells, Jr., Pessin, Baird & Wells, Belleville, for Appellants.

James E. Ryan, Attorney General, State of Illinois, Barbara A. Preiner, Solicitor General, Morton E. Friedman, Assistant Attorney General, Chicago, for Appellees.

Justice KUEHN delivered the opinion of the court:

The estate of Stuart I. Pessin (the Estate) originally filed its claim for damages against the State of Illinois, the Department of Transportation, and the Division of Highways in the Court of Claims. In an opinion filed on October 27, 1995, the Court of Claims ruled against the Estate and upheld that ruling on rehearing on March 27, 1997. The Estate then filed its petition for certiorari in the circuit court...

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