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TURNER v. FIRSTAR BANK, N.A.

No. 5-04-0548.

845 N.E.2d 816 (2006)

363 Ill. App.3d 1150

300 Ill.Dec. 927

Lorraine TURNER, Plaintiff-Appellee, v. FIRSTAR BANK, N.A., Defendant-Appellant (Shamrock Recovery Service, Inc., Defendant).

Appellate Court of Illinois, Fifth District.

March 6, 2006.

Attorney(s) appearing for the Case

Stephen R. Swofford, James E. Claybourne, Nancy G. Lischer, Madelyn J. Lamb, Hinshaw & Culbertson, LLP, Chicago, for Appellant.

David L. Antognoli, Edwardsville, for Appellee.

Presiding Justice SPOMER delivered the opinion of the court:

The due process clause of the fourteenth amendment to the United States Constitution prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeasor. State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408, 416, 123 S.Ct. 1513, 1519-20, 155 L.Ed.2d 585, 600 (2003). This is because elementary notions of fairness enshrined in our nation...

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