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SIMPSON v. MATTHEWS

No. 5-00-0754.

790 N.E.2d 401 (2003)

339 Ill. App.3d 322

274 Ill.Dec. 25

Jeremy SIMPSON, Plaintiff-Appellant, v. Russell MATTHEWS, Defendant and Counterdefendant-Appellee, and Alan Reynolds, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, Fifth District.

May 5, 2003.

Attorney(s) appearing for the Case

Stephen W. Stone, Howerton, Dorris, Stone & Phelps, Marion, for Appellant.

Daniel R. Price, Wham & Wham Attorneys, Centralia, for Russell Matthews.

Jerome E. McDonald, Campbell, Black, Carnine, Hedin, Ballard & McDonald, P.C., Mt. Vernon, for Alan Reynolds.

Justice CHAPMAN delivered the opinion of the court:

This action was brought by a car's passenger, Jeremy Simpson, against the car's driver, Alan Reynolds, and another vehicle's driver, Russell Matthews, to recover damages for personal injuries resulting from a two-vehicle accident. Prior to the trial, Simpson entered into an agreement with Reynolds that he would not seek a recovery beyond Reynolds' insurance policy limits, in exchange for his remaining a party to...

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