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McCOY v. ILLINOIS INTERN. PORT DIST.

No. 1-01-0488.

778 N.E.2d 705 (2002)

334 Ill. App.3d 462

268 Ill.Dec. 439

Mary McCOY, Special Adm'r of the Estate of Arthur James Matthews, Deceased, Plaintiff-Appellant, v. ILLINOIS INTERNATIONAL PORT DISTRICT, a/k/a and/or f/k/a Chicago Regional Port District, Defendants-Appellee (Kaptanaglu Group of Companies, Gunduz Kaptanoglu and Cengiz Kaptanoglu, Owners and Operators of the Vessel Sadan Kaptanoglu; Camlica Denizcilik Ve Ticaret A.S., Istanbul, and The City of Chicago, a Municipal Corporation, Defendants).

Appellate Court of Illinois, First District, Fifth Division.

September 30, 2002.

Attorney(s) appearing for the Case

Mullen & Minella, Chicago (John C. Mullen, of counsel) and Katz, Friedman, Eagle, Eisenstein & Johnson, Chtd., Chicago (Suzanne H. Dvorak, of counsel), for Appellant.

Charysh & Schroeder, Ltd., Chicago (Michael J. Charysh and Bradford A. Burton, of counsel), for Appellee.

Justice REID delivered the opinion of the court:

Following the dismissal of count III of the fourth amended complaint sounding in negligence and count III of the fifth amended complaint sounding in breach of contract, and the denial of a motion to amend the pleadings to include a claim of unconstitutionality, Mary McCoy filed this appeal. This case involves the injury and resulting drowning death of Arthur James Matthews.

BACKGROUND

Arthur Matthews...

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