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FENDER v. TOWN OF CICERO

Nos. 1-02-0950, 1-02-3545.

807 N.E.2d 606 (2004)

347 Ill. App.3d 46

283 Ill.Dec. 1

Sandra FENDER and Frank Fender, Indiv. and as Parents and Next Friend of Matty Fender, a Minor, Plaintiffs-Appellants, v. The TOWN OF CICERO, a Municipal Corporation; John Doe(s), the Town of Cicero Police Officers; Waldemar A. Cruz, Indiv. and as Agent and/or Employee of the Town of Cicero; Louis G. Mazza, Indiv., and as Agent and/or Employee of the Town of Cicero; Jerry A. Simek, Indiv., and as Agent and/or Employee of the Town of Cicero, Defendants-Appellees. Colleen M. Poull, as Special Adm'r of the Estates of Kevin Christopher Poull, Charissa Marie Poull, Shawn Anthony Poull, William John Poull, and Stephanie Marie Martin, Deceased Minors, Plaintiff-Appellant, v. The Town of Cicero, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

March 16, 2004.

Attorney(s) appearing for the Case

Scott E. Encher of Romanucci & Blandin, Chicago, for Appellants.

Dennis E. Both of Edward R. Vrdolyak, Ltd., Chicago, for Appellees.

Justice CAHILL delivered the opinion of the court:

Plaintiffs Sandra Fender, Frank Fender and Colleen M. Poull appeal from the dismissals of their complaints against the Town of Cicero (Cicero) and Cicero police officers, including John Doe(s), Waldemar A.Cruz, Louis G. Mazz and Jerry A. Simek, for negligence in failing to rescue the victims of a residential fire. Defendants argued, and the trial court agreed, that the complaints must be dismissed because defendants...

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