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FIRST SPRINGFIELD BANK & TRUST v. GALMAN

No. 86739.

720 N.E.2d 1068 (1999)

188 Ill.2d 252

242 Ill.Dec. 113

FIRST SPRINGFIELD BANK & TRUST, as Special Adm'r of the Estate of May F. Phillippart, Deceased, Appellee, v. Angela S. GALMAN et al. (Howard C. Dobson et al., Appellants).

Supreme Court of Illinois.

Rehearing Denied November 29, 1999.

Attorney(s) appearing for the Case

James K. Horstman, Iwan Cray Huber Horstman & VanAusdal, Chicago, for Howard C. Dobson and ADM Trucking.

Alexandra de Saint Phalle, Londrigan, Potter & Randle, P.C., Springfield, for First Springfield Bank and Trust.

James Paul Costello, James Paul Costello, Ltd., Chicago, for Amicus Curiae, Illinois Trial Lawyers Association.

Justice RATHJE delivered the opinion of the court:

The primary issue in this case is whether defendants' negligence was the proximate cause of May Phillippart's fatal injuries. We hold that it was not.

BACKGROUND

The relevant facts are not in dispute. Howard C. Dobson drove a tanker truck for ADM Trucking, Inc. (hereinafter, ADM). Around 3 p.m. on Tuesday, November 21, 1989, Dobson parked his truck on the north side of Lawrence Avenue, 41 feet from...

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