DARDEEN v. KUEHLING

No. 5-02-0566.

801 N.E.2d 960 (2003)

344 Ill. App.3d 832

280 Ill.Dec. 15

James E. DARDEEN, Plaintiff-Appellant, v. Alice KUEHLING and The City of Mt. Carmel, Defendants (State Farm Fire & Casualty Company, Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 13, 2004.

As Amended February 19, 2004.


Attorney(s) appearing for the Case

Kelly R. Phelps, Lambert, Beggs & Phelps, Harrisburg, for Appellant.

Russell K. Scott, David W. Ybarra, Greensfelder, Hemker & Gale, Belleville, for Appellee.


Justice GOLDENHERSH delivered the opinion of the court:

The plaintiff, James E. Dardeen, appeals from an order of the circuit court of Wabash County entering a summary judgment in favor of the defendant, State Farm Fire & Casualty Company (State Farm), on the plaintiff's claim for negligent spoliation of evidence. We reverse and remand for further proceedings.

FACTS

According to the plaintiff's complaint, on September 1, 1999, he sustained personal...

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