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MARTINEZ v. GUTMANN LEATHER, LLC

No. 1-06-2346.

865 N.E.2d 325 (2007)

Maria MARTINEZ, as Special Administrator of the Estate of Miguel Pena, Deceased, Plaintiff-Appellant, v. GUTMANN LEATHER, LLC, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

March 27, 2007.

Attorney(s) appearing for the Case

S. Jerome Levy, S. Jerome Levy & Associates, P.C., Chicago, for Appellant.

Jennifer J. McFadden, Schueler Dallavo & Casieri, Chicago, for Appellee.

Justice SOUTH delivered the opinion of the court:

Plaintiff, Maria Martinez, as special administrator of the estate of Miguel Pena, appeals from an order of the circuit court of Cook County which granted defendant Gutmann Leather, LLC's motion to dismiss her cause of action under section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2004)).

The following facts are relevant and contained in the pleadings and supporting documents:...

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