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BENSON v. ABBOTT

No. 3-01-0258.

761 N.E.2d 754 (2001)

326 Ill. App.3d 599

260 Ill.Dec. 571

Katina BENSON, Plaintiff, v. Alvin ABBOTT and Dale Ganaway, Defendants (Alvin Abbott, Cross Defendant-Appellant; Dale Ganaway, Cross Plaintiff-Appellee).

Appellate Court of Illinois, Third District.

As Modified Upon Denial of Rehearing January 22, 2002.

Attorney(s) appearing for the Case

Brian C. Ivers (argued), Thad J. Murphy, McDonald, Stonebraker, Cepican & Woodward, P.C., Davenport, IA, for Alvin Abbott.

Stephen T. Fieweger (argued), Peter C. Fieweger, Katz, Huntoon & Fieweger, P.C., Rock Island, for Dale Ganaway.

MODIFIED UPON DENIAL OF REHEARING

Justice HOMER delivered the opinion of the court:

Katina Benson filed a small claims action against Alvin Abbott and Dale Ganaway to recover damages arising from an automobile accident. Ganaway filed a two-count cross-claim against Abbott and was awarded a judgment of $7,348.91. Abbott appeals the amount of the award. We reduce the award to $5,000 and remand for further proceedings.

BACKGROUND

The plaintiff...

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