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TINDER v. ILLINOIS POWER CO., INC.

No. 4-00-0916.

758 N.E.2d 483 (2001)

325 Ill. App.3d 606

259 Ill.Dec. 360

Karen TINDER, as Administratrix of the Estate of William L. Tinder, Plaintiff-Appellant, v. ILLINOIS POWER COMPANY, INC., n/k/a Illinois Power, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

October 23, 2001.

Attorney(s) appearing for the Case

Joseph A. McCarron, James P, Ginzkey (argued) Hayes, Hammer, Miles, Cox & Ginzkey, Bloomington, for Karen Tinder.

Christopher L. Nyweide (argued), Livingston, Barger, Brandt & Schroeder, Bloomington, for Illinois Power.

Justice COOK delivered the opinion of the court:

In July 1998, plaintiff, Karen Tinder, filed a one-count complaint against defendant Illinois Power Company, Inc., now known as Illinois Power (Illinois Power), alleging that Illinois Power was liable for injury to and the death of decedent, William L. Tinder, pursuant to the Wrongful Death Act (740 ILCS 180/2.1 (West 1994)). The trial court granted summary judgment to Illinois Power, concluding that Illinois Power...

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