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GREEN v. JEWEL FOOD STORES, INC.

No. 1-02-1856.

799 N.E.2d 740 (2003)

343 Ill. App.3d 830

278 Ill.Dec. 875

Robert GREEN and Doris Green, Plaintiffs-Appellants, v. JEWEL FOOD STORES, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied October 10, 2003.

Attorney(s) appearing for the Case

Roosevelt Thomas of Westrate & Holmstrom, P.C., Dowagiac, MI, for Appellant.

Paul A. Tanzillo and Andrew T. Fleishman, of McBreen, Kopko, McKay & Nora, Chicago, for Appellee.

Justice CAHILL delivered the opinion of the court:

Plaintiffs Robert and Doris Green appeal from an order of summary judgment entered in favor of defendant, Jewel Food Stores, Inc. Plaintiffs contend that the trial court erred in disposing of their negligence complaint by finding that defendant owed no duty to the plaintiffs. We believe the undisputed facts of this case fall within the distraction exception set out in Ward v. K mart Corp.,

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