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RANDICH v. PIRTANO CONST. CO., INC.

No. 2-02-0816.

804 N.E.2d 581 (2003)

346 Ill. App.3d 414

281 Ill.Dec. 616

Todd RANDICH, Plaintiff-Appellant, v. PIRTANO CONSTRUCTION COMPANY, INC., and Utility Constructors, Inc., Defendants-Appellees (Northern Illinois Gas Company, a/k/a NICOR, Defendant).

Appellate Court of Illinois, Second District.

Supplemental Opinion Upon Denial of Rehearing February 9, 2004.

Attorney(s) appearing for the Case

John B. Schwartz, David J. Spira, John B. Schwartz & Associates, Chicago, for Todd Randich.

Glen E. Amundsen, Michael Resis, Mari Ann Novy, O'Hagan, Smith & Amundsen, LLC, Chicago, for Pirtano Construction Company, Inc., Utility Constructors, Inc.

Justice BOWMAN delivered the opinion of the court:

This appeal arises from the dismissal of the amended complaint filed by plaintiff, Todd Randich, against defendants, Pirtano Construction Company, Inc. (Pirtano) and Utility Constructors, Inc. (Utility), alleging negligence and willful and wanton misconduct. We affirm in part, reverse in part, and remand.

The trial court dismissed plaintiff's amended complaint under section 2-619(a)(9) of the Code of Civil...

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