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FOSSE v. PENSABENE

No. 2-04-1267.

838 N.E.2d 258 (2005)

362 Ill. App.3d 172

297 Ill.Dec. 771

Linda FOSSE, Executor of the Estate of Robert Pace, Deceased, Plaintiff-Appellant, v. Joseph PENSABENE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 1, 2005.

Attorney(s) appearing for the Case

David F. Monteleone, Schirger, Monteleone & Hampilos, P.C., Rockford, for Linda Fosse, Executor.

Marc F. Benjoya, Brian S. Schroeder, Cassiday, Schade & Gloor, LLP, Chicago, for Joseph Pensabene.

Alexandra De Saint Phalle, Londrigan, Potter & Randle, P.C., Springfield, for Amicus Curiae Illinois Trial Lawyers Association.

Justice HUTCHINSON delivered the opinion of the court:

This matter comes before the court as an interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill.2d R. 308). Plaintiff, Linda Fosse, as executor of the estate of Robert Pace, deceased, appeals the trial court's order barring the introduction of the results or other evidence obtained from the autopsy performed upon the decedent. In so ruling, the trial court certified three questions for appeal...

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