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MARSHALL v. BURGER KING CORP.

No. 100372.

856 N.E.2d 1048 (2006)

222 Ill.2d 422

305 Ill.Dec. 897

Detroy MARSHALL, Jr., as Personal Representative and Adm'r of the Estate of Detroy Marshall III, Deceased, Appellee, v. BURGER KING CORPORATION et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied September 25, 2006.

Attorney(s) appearing for the Case

Karen L. Kendall, Craig L. Unrath, Peoria, Douglas J. Pomatto and Scott G. Salemi, Rockford, all of Heyl, Royster, Voelker & Allen, for appellants.

William T. Cacciatore and Eileen J. McCabe, Rockford, for appellee.

Michael Resis and Glen E. Amundsen, of O'Hagan, Smith & Amundsen, L.L.C., Chicago, for amicus curiae Illinois Association of Defense Trial Counsel.

Kirsten M. Dunne, of Goldberg, Weisman & Cairo, Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.

Anthony Sanders, Chicago, Deborah J. La Fetra and Timothy Sandefur, Sacramento, California, for amicus curiae Pacific Legal Foundation.

Justice GARMAN delivered the judgment of the court, with opinion:

Plaintiff, Detroy Marshall, Jr., as personal representative and administrator of the estate of his son, Detroy Marshall III, filed a negligence action in the circuit court of Winnebago County against Burger King Corporation, Davekiz, Inc., Pamela Fritz, and various insurers. The decedent was killed when a car driven by Fritz crashed through the wall of the Burger King restaurant where the decedent was...

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