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MARSHALL v. BURGER KING CORP.

No. 2-04-0429.

824 N.E.2d 661 (2005)

355 Ill. App.3d 685

291 Ill.Dec. 805

Detroy MARSHALL, Jr., as Personal Representative of Detroy Marshall III, Deceased, and as Adm'r of the Estate of Detroy Marshall III, Deceased. Plaintiff-Appellant, v. BURGER KING CORPORATION, Davekiz, Inc., Geico General Insurance Company, Government Employees Insurance Company, Geico Indemnity Company, Geico Casualty Company, Criterion Insurance Agency, Inc., and Pamela H. Fritz, a/k/a Pamela H. Much, Defendants-Appellees.

Appellate Court of Illinois, Second District.

March 4, 2005.

Attorney(s) appearing for the Case

William T. Cacciatore, Eileen J. McCabe, Cacciatore Law Offices, Rockford, for Estate of Detroy Marshall, III, Detroy Marshall, Jr., Administrator of Estate.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, Douglas J. Pomatto, Scott G. Salemi, Heyl, Royster, Voelker & Allen, Rockford, for Burger King Corporation, Criterion Insurance Agency, Inc., Davekiz, Inc., Pamela H. Fritz, Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company.

Presiding Justice O'MALLEY delivered the opinion of the court:

Plaintiff, Detroy Marshall, Jr., as personal representative and administrator of the estate of Detroy Marshall III (decedent), brought a negligence action against Burger King Corp., Davekiz, Inc., Pamela H. Fritz (Fritz), and other parties. The basis of the suit was an incident where a car driven by Fritz crashed through the wall of a Burger King restaurant franchised to Davekiz and struck decedent, inflicting...

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