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WALLACE v. SMYTH

No. 93144.

786 N.E.2d 980 (2002)

203 Ill.2d 441

272 Ill.Dec. 146

Shandoulia WALLACE, Indiv. and as Adm'r of the Estate of Waketta Roy Wallace, Deceased, Appellant, v. John P. SMYTH et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied March 31, 2003.

Attorney(s) appearing for the Case

Stanley L. Hill, Chicago, for appellant.

Jeffrey Edward Kehl and Robert C. Yelton III, of Yelton & Kehl, Ltd., Chicago (John C. O'Malley and Francis D. Morrissey, of counsel), for appellees.

Patrick T. Murphy, Cook County Public Guardian, Chicago (Peter J. Schmiedel, Charles P. Golbert and Jill Runk, of counsel), for amicus curiae Office of the Cook County Public Guardian.

Bruce A. Boyer and Stacey E. Platt, Chicago, for amicus curiae ChildLaw Center & ChildLaw Clinic of the Loyola University School of Law.

Robert A. Clifford, Chicago, for amicus curiae Clifford Law Offices.

James D. Montgomery and Thomas C. Marszewski, Chicago, for amicus curiae Cochran, Cherry, Givens, Smith & Montgomery, L.L.C.

Thomas F. Geraghty, Chicago, for amicus curiae Children & Family Justice Center of the Northwestern University School of Law.

James D. Montgomery and Thomas C. Marszewski, of Cochran, Cherry, Givens, Smith & Montgomery, and Bruce R. Pfaff, Chicago, for amicus curiae Illinois Trial Lawyers Association.

James A. Serritella and James C. Geoly, of Burke, Warren, MacKay & Serritella, P.C., Chicago, for amicus curiae Illinois Child Care Association.

Justice FITZGERALD delivered the opinion of the court:

The issue in this case is whether, in the wake of our decisions to retain a limited form of parental immunity in Cates v. Cates, 156 Ill.2d 76, 189 Ill.Dec. 14, 619 N.E.2d 715 (1993), and to extend this immunity to foster parents in Nichol v. Stass, 192 Ill.2d 233

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