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HAMMOND v. SBC COMMUNICATIONS, INC.

No. 1-04-3157.

850 N.E.2d 265 (2006)

Dennis HAMMOND and Lenora Hammond, Plaintiffs-Appellants, v. SBC COMMUNICATIONS, INC. (SBC), a Delaware Corporation, Ameritech Corporation, a Delaware Corporation, and Illinois Bell Company, d/b/a Ameritech Illinois, Defendants-Appellees (Rick Ekstrom, Sue Ekstrom, and Catherine Coleman, Administrator of the Estate of Elmer Hartje, Deceased, Defendants).

Appellate Court of Illinois, First District, Sixth Division.

April 14, 2006.

Attorney(s) appearing for the Case

John R. Wienold, Larry Amoni, Wienold & Amoni, Aurora, for Plaintiffs-Appellants.

Steven P. Handler, Joseph G. Fisher, Shana W. Peretz, McDermott Will & Emery LLP, Chicago, for Defendants-Appellees.

Robert A. Clifford, Heather A. Begley, Clifford Law Offices, Chicago (Robert P. Sheridan, of counsel), for Plaintiffs-Appellants.

Donald L. Woods, Brown, Hay & Stephens, LLP, Springfield, for Amicus Curiae Illinois Telecommunications Association.

Jessica Aspen, Assistant General Counsel, Exelon Business Services Company, Chicago, Richard Thometz, Nicor Gas Company, Naperville, for Amicus Curiae.

Justice FITZGERALD SMITH delivered the opinion of the court:

Plaintiff Dennis Hammond was seriously injured in a motor vehicle accident involving a fallen tree. In an amended complaint filed in the circuit court of Cook County against defendants SBC Communications, Inc. (SBC), a Delaware corporation (SBC); Ameritech Corporation, a Delaware corporation (Ameritech); and Illinois Bell Telephone Company, d/b/a Ameritech Illinois (Illinois Bell), among others, plaintiffs...

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