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LOWE EXCAVATING CO. v. INTERNATIONAL UNION

No. 2-04-0145.

832 N.E.2d 495 (2005)

358 Ill. App.3d 1034

295 Ill.Dec. 344

LOWE EXCAVATING COMPANY, Plaintiff-Appellee and Cross-Appellant, v. INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 150, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied August 10, 2005.

Attorney(s) appearing for the Case

Dale D. Pierson, Elizabeth A. LaRose, Melinda S. Burleson, Bryan P. Diemer, IUOE Local 150 Legal Department, Countryside, R. Mark Gummerson, Gummerson & Rausch, LLC, Woodstock, for International Union of Operating Engineers Local No. 150.

Michael E. Avakian, North Springfield, VA, Gerard C. Smetana, Law Offices of Gerard C. Smetana, Chicago, David W. McArdle, Zukowsk, Rogers, Flood & McArdle, Crystal Lake, for Lowe Excavating Company.

Justice GILLERAN JOHNSON delivered the opinion of the court:

The defendant, International Union of Operating Engineers Local No. 150 (the Union), appeals from the January 12, 2004, and April 16, 2004, orders of the circuit court of McHenry County awarding the plaintiff, Lowe Excavating Co., $525,000 in punitive damages. On appeal, the Union argues that punitive damages were inappropriate and, alternatively, that the amount awarded was excessive. Lowe Excavating cross...

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