ALEXANDER v. CONSUMERS ILLINOIS WATER CO.

Nos. 3-04-0118, 3-04-0164.

838 N.E.2d 963 (2005)

358 Ill. App.3d 774

298 Ill.Dec. 70

Bert ALEXANDER, Diane Alexander, individually and as husband and wife, Linda Johnson, Levon Kelly, Ellora Shane, Tion Johnson and Startiera Ross, by their mother and next friend, Linda Johnson, Plaintiffs, v. CONSUMERS ILLINOIS WATER COMPANY, Defendant/Third Party Plaintiff-Appellant (The Village of University Park, Defendant/Third Party Defendant-Appellee).

Appellate Court of Illinois, Third District.

July 11, 2005.


Attorney(s) appearing for the Case

Stephen A. Rehfeldt (argued), Mulherin, Rehfeldt & Varchetto, P.C., Wheaton, for Consumers Illinois Water Company.

David Beck, Kiesler & Berman, Joliet, for Bert Alexander.

Robert A. Dawczak (argued), Howard Krauskopf, Myers, Miller & Krauskopf, Walter S. Calhoun, Chicago, for the Village of University Park.


Justice McDADE delivered the opinion of the court:

In this case from the circuit court of Will County, the defendant Consumers Illinois Water Company seeks contribution from the defendant Village of University Park for damages awarded to plaintiffs as a result of property damage caused by defective sewer lines. The court below denied the motion for contribution, finding that the Village owed no duty to the plaintiffs, and was in any event protected by statutory immunity...

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