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COMMERCE BANK v. YOUTH SERVICES OF MID-ILL.

No. 4-01-0999.

775 N.E.2d 297 (2002)

333 Ill. App.3d 150

266 Ill.Dec. 735

COMMERCE BANK, Special Administrator of the Estate of Louise Osborn, Deceased, Plaintiff-Appellee, v. YOUTH SERVICES OF MID-ILLINOIS, INC., Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 23, 2002.

Attorney(s) appearing for the Case

Theodore W. Pannkoke, Esther Joy Schwartz (argued), Donald E. Stellato, Stellato & Schwartz, Ltd., Chicago, for Youth Services of Mid-Illinois, Inc.

Jason A. Cannell (argued), Douglas N. Koth, Koth & Cannell, P.C., Bloomington, for Commerce Bank.

Justice COOK delivered the opinion of the court:

Defendant, Youth Services of Mid-Illinois, Inc. (Youth Services), appeals from the October 22, 2001, order of the McLean County circuit court denying defendant's posttrial motions for judgment notwithstanding the verdict and for a new trial. We reverse the order denying the motion for judgment notwithstanding the verdict.

I. BACKGROUND

This case began on July 29, 1993, when three-year-old Louise Osborn...

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