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DAVIS v. CASEY

No. 1-03-2194.

838 N.E.2d 114 (2005)

361 Ill. App.3d 658

297 Ill.Dec. 627

Oralanda DAVIS, as Mother and Next Friend of Mitchell Thomas, Plaintiff-Appellee and Cross-Appellant, v. Laura CASEY, as Special Administrator of the Estate of Ramon Nightengale, Deceased, Defendant-Appellant and Cross-Appellee (Willie Taylor and Chicago Housing Authority, Defendants).

Appellate Court of Illinois, First District, Sixth Division.

October 21, 2005.

Attorney(s) appearing for the Case

Michael Resis, O'Hagan, Smith & Amundsen, L.L.C., Chicago, for appellant and cross-appellee.

Marvin A. Brustin, Milo W. Lundblad, Matthew S. Knorr, Law Offices of Marvin A. Brustin, Ltd., Chicago, for appellee and cross-appellant.

Presiding Justice McNULTY delivered the opinion of the court:

The trial court entered judgment on a jury verdict in favor of Mitchell Thomas and against the estate of Ramon Nightengale, but the court limited Thomas's recovery to the policy limits of applicable insurance. Thomas cashed a check from the insurer for the amount the court permitted. The estate appealed, but made its appeal contingent: it would seek a new trial only if a court vacated the limitation on...

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