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MORALES v. FAIL SAFE, INC.

No. 1-98-1948.

724 N.E.2d 174 (1999)

311 Ill. App.3d 231

243 Ill.Dec. 865

Orlando MORALES, Plaintiff-Appellant, v. FAIL SAFE, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

December 30, 1999.

Attorney(s) appearing for the Case

Richard S. Zachary, of counsel, Glenview, for Appellant.

Heineke, Burke, Healy & Bodach, Chicago (Jean M. Varak, of counsel), for Appellee.

Presiding Justice ZWICK delivered the opinion of the court:

On April 23, 1998, the trial court entered an order dismissing count II of Orlando Morales's Third Amended Complaint. The complaint sought to set forth a cause of action under the Illinois Liquor Control Act (235 ILCS 5/6-21 (West 1996)(popularly known as the "Dram Shop Act")) for injuries he sustained in a tavern operated by Fail Safe, Inc. The court based its order on two determinations. First, the court...

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