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IN RE ESTATE OF ELFAYER

No. 1-99-2866.

757 N.E.2d 581 (2001)

325 Ill. App.3d 1076

258 Ill.Dec. 892

In re ESTATE OF Joseph ELFAYER, Deceased (Penelope Elfayer, Adm'r, Plaintiff-Appellant, v. The City of Chicago, a Municipal Corporation, Defendant-Appellee).

Appellate Court of Illinois, First District, Sixth Division.

September 14, 2001.

Attorney(s) appearing for the Case

David C. Wise, Corboy & Demetrio, Chicago, for Appellant.

Larry S. Kaplan, Telly Andrews, Kaplan, Begy & Von Ohlen, Chicago, for Appellee.

Justice BUCKLEY delivered the opinion of the court:

In September 1994, plaintiff Penelope Elfayer, as administrator of her deceased husband's estate, filed a wrongful death and survival action against defendant City of Chicago (the City) alleging both negligent and willful and wanton conduct in maintaining a traffic median barrier. Defendant motioned for summary judgment, which the trial court denied in January 1996. However, as pleading and discovery progressed,...

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