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TUCKER v. DIVISION SALES, INC.

No. 3-99-0106.

734 N.E.2d 165 (2000)

315 Ill. App.3d 472

248 Ill.Dec. 457

Lilye W. TUCKER, as Special Administrator of the Estate of Elliott Tucker, Deceased, Plaintiff-Appellant, v. DIVISION SALES, INC., an Illinois corporation, and Justen Products, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied August 30, 2000.

Attorney(s) appearing for the Case

Lilye Tucker, Joliet, for Lilye W. Tucker.

Philip A. Troha, Law Firm of Philip A. Troha, Joliet, for Justen Products.

Robert Marc Chemers, Adrian Mendoza, Daniel G. Wills, Edward B. Ruff III, Pretzel & Stouffer, Chtd., Chicago, for Division Sales, Inc.

Justice HOLDRIDGE delivered the Opinion of the Court:

The plaintiff, Lilye W. Tucker, filed a products liability suit against the defendants, Division Sales, Inc., and Justen Products, after her son, Elliott, died while playing with a toy dart gun distributed by the defendants. The plaintiff claimed that the defendants' product was in a defective condition because it carried no warning about the possibility that the darts could be inhaled and interfere with the user...

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