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JONES v. O'BRIEN TIRE & BATTERY SERV. CTR.

No. 5-99-0494.

752 N.E.2d 8 (2001)

322 Ill. App.3d 418

256 Ill.Dec. 463

Deborah L. JONES, Individually and as Special Administrator of the Estate of Thomas R. Jones, Deceased, Plaintiff, v. O'BRIEN TIRE AND BATTERY SERVICE CENTER, INC., Defendant and Third-Party Plaintiff-Appellant (Dave Macios, d/b/a Sugarloaf Landscape Nursery, and Country Mutual Insurance Company, Third-Party Defendants-Appellees).

Appellate Court of Illinois, Fifth District.

June 7, 2001.

Attorney(s) appearing for the Case

Robert Marc Chemers, Pretzel & Stouffer, Chtd., Chicago, for Appellant.

Mary E. Massa, Becker & Associates, Granite City, for Dave Macios, doing business as Sugarloaf Landscape Nursery.

Kevin D. Gunn, Sonnenschein, Nath & Rosenthal, St. Louis, MO, for Country Mutual Insurance Company.

Justice RARICK delivered the opinion of the court:

The third-party plaintiff, O'Brien Tire and Battery Service Center, Inc. (O'Brien), filed an action in the circuit court of Madison County against the third-party defendants, Dave Macios, doing business as Sugarloaf Landscape Nursery, and Country Mutual Insurance Company (Country Mutual), seeking damages for negligent spoliation of evidence. The trial court granted Macios' motion to dismiss and granted Country Mutual...

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