KLEISS v. BOZDECH

No. 4-03-0684.

811 N.E.2d 330 (2004)

349 Ill.App.3d 336

285 Ill.Dec. 89

Barry KLEISS and Robert Kleiss, d/b/a Kleiss Produce Farms, Plaintiffs-Appellants, v. William BOZDECH and Todd Herbert, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided June 9, 2004.


Attorney(s) appearing for the Case

Daniel C. Jones (argued), Hefner, Eberspacher & Tapella, Mattoon, for Barry Kleiss.

Mark E. Jackson, Rhonda L. Heinz (argued), Samuels, Miller, Schroeder, Jackson & Sly, Decatur, for William Bozdech.


Justice STEIGMANN delivered the opinion of the court:

In April 2000, plaintiffs, Barry Kleiss and Robert Kleiss, d/b/a Kleiss Produce Farms, filed a complaint against defendants, William Bozdech and Todd Herbert, alleging that Bozdech's and Herbert's use of the herbicide 2,4-D caused damage to crops at Kleiss Farms. In March 2003, Bozdech filed a motion for summary judgment.

In July 2003, Kleiss Farms moved to voluntarily dismiss Herbert as a defendant, and...

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