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BLUE v. ENVIRONMENTAL ENGINEERING, INC.

No. 1-02-1647.

803 N.E.2d 187 (2003)

345 Ill. App.3d 455

280 Ill.Dec. 957

Glen BLUE, Plaintiff-Appellant, v. ENVIRONMENTAL ENGINEERING, INC., a wholly owned subsidiary of Browning-Ferris Industries, Inc., a Delaware corporation, Defendant-Appellee and Third-Party Plaintiff-Appellant, (John M. Smyth Company, Third-Party Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied January 30, 2004.

Attorney(s) appearing for the Case

Robert F. Lisko and James A. Karamanis, Robert F. Lisco and Associates, P.C., Chicago, for Appellant.

John M. Coleman, Coleman, O'Halloran & Wynn, LLC, Chicago, for Appellee, Third-Party Plaintiff-Appellant.

Gary T. Jansen and Kelly M. Sullivan, Cremer, Kopon, Shaughnessy & Spona, LLC, Chicago, for Third-Party Defendant-Appellee.

Justice GORDON delivered the opinion of the court:

On February 11, 2002, a jury returned a general verdict for plaintiff Glen Blue and against defendant Browning-Ferris Industries, Inc., and third-party defendant John M. Smyth Co., finding defendants guilty of negligence. At the close of the evidence, the jury also answered a special interrogatory submitted by defendant Browning in the affirmative. Finding that there was a fatal inconsistency between the general verdict...

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