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GALLAGHER BASSETT SERVS. v. MIGGINS

No. 2-03-0357.

806 N.E.2d 1215 (2004)

346 Ill. App.3d 1022

282 Ill.Dec. 627

GALLAGHER BASSETT SERVICES, as Subrogee of Elk Grove Village, a Municipal Corporation, Plaintiff-Appellee, v. Donald MIGGINS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 26, 2004.

Attorney(s) appearing for the Case

Suzanne M. Don De'Ville, Allen S. Kirsh, Grant, Ross, Fanning & Pittman, Chicago for Donald Miggins.

Ryan J. Harrington, Kuhn Mitchell Moss Mork & Lechowicz, LLC, Naperville, for Elk Grove Village, Gallagher Bassett Services.

Justice HUTCHINSON delivered the opinion of the court:

In this appeal, we are asked to determine whether, in an action brought by a municipality's subrogee for damage to an emergency vehicle, section 5-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/5-106 (West 2000)) immunizes the municipality from the defense of comparative negligence. We hold that it does not.

Plaintiff, Gallagher Bassett Services...

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