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EASTMAN v. MESSNER

No. 86857.

721 N.E.2d 1154 (1999)

188 Ill.2d 404

242 Ill.Dec. 623

Dennis EASTMAN, Appellee, v. Steven MESSNER, Appellee (Gates McDonald ex rel. Meyer Material Company, Appellant).

Supreme Court of Illinois.

December 2, 1999.

Attorney(s) appearing for the Case

William J. Cook, William J. Cook & Associates, Chicago, for Gates McDonald.

Kevin J. O'Shea, Serpico, Novelle & Navigato, Ltd., Chicago, for Dennis Eastman.

William P. Hardy, Hinshaw & Culbertson, Springfield, for Amici Curiae, Warren E. Danz, P.C., Warren E. Danz.

Justice McMORROW delivered the opinion of the court:

The question presented in this appeal is whether, pursuant to section 5(b) of the Workers' Compensation Act (820 ILCS 305/5(b) (West 1996)), an employer who has paid workers' compensation benefits to an employee may assert a lien against the employee's recovery in a legal malpractice suit where that suit is based upon the failure of the employee's attorney to prosecute a personal injury action against a third-party...

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