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ROBINSON v. ILLINOIS POWER CO.

No. 3-02-0679.

789 N.E.2d 792 (2003)

338 Ill. App.3d 1088

273 Ill.Dec. 618

Michael ROBINSON, as Special Administrator of the Estate of Jennifer Robinson, deceased, Amy Pyszka, and Daniel Koch, Plaintiffs-Appellees, v. ILLINOIS POWER COMPANY, a utility corporation, Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 25, 2003.

Attorney(s) appearing for the Case

T. Donald Henson, Jll W. Klein (argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, LaSalle, for Illinois Power Company.

Anthony C. Raccuglia (argued), Anthony C. Raccuglia & Associates, Peru, for Daniel Koch, Amy Pyszka, Michael Robinson.

Justice LYTTON delivered the opinion of the court:

Plaintiffs sued defendant, Illinois Power Company, alleging that its negligent conduct caused them injury when their snowmobiles collided with support wires owned by Illinois Power. Illinois Power filed a motion to dismiss based on language in the Snowmobile Registration and Safety Act (Act), which provides that a land owner, lessee, or occupant is liable only for willful or malicious conduct. The trial court determined...

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