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MYERS v. HERITAGE ENTERPRISES, INC.

No. 4-04-0250.

820 N.E.2d 604 (2004)

354 Ill. App.3d 241

289 Ill.Dec. 828

Michael B. MYERS, Independent Executor of the Estate of Mary Prillmayer, Deceased, Plaintiff-Appellant, v. HERITAGE ENTERPRISES, INC., a Corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided December 10, 2004.

Attorney(s) appearing for the Case

Robert E. Utter (argued), Mt. Sterling, for Michael B. Myers.

Karen L. Kendall, Craig L. Unrath (argued), Heyl, Royster, Voelker & Allen, Peoria, Frederick P. Velde, Matthew R. Booker, Heyl, Royster, Voelker & Allen, Springfield, for Heritage Enterprises, Inc.

Justice MYERSCOUGH delivered the opinion of the court:

Plaintiff, Michael B. Myers, independent executor of the estate of decedent, Mary Prillmayer, appeals the judgment entered in favor of defendant, Heritage Enterprises, Inc., upon the jury's verdict. We reverse and remand.

I. BACKGROUND

In August 2000, Penny Chapman and Carolyn Butler, certified nurse's aides/nursing assistants (CNAs), worked at Heritage Manor, a nursing home owned and operated...

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