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BABICH v. RIVER OAKS TOYOTA

No. 1-05-3728.

879 N.E.2d 420 (2007)

Matthew BABICH, Plaintiff-Appellant, v. RIVER OAKS TOYOTA and Flair Design, Ltd., Defendants-Appellees (River Oaks Toyota, Defendant-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

November 8, 2007.

Attorney(s) appearing for the Case

Fasano & Farina, Chicago (Philip J. Farina, M. Anne Hannigan, of counsel), for Plaintiff-Appellant.

Cremer, Kopon, Shaughnessy & Spina, Chicago (Francis A. Spina, Geoffrey M. Waguespack, of counsel), for Defendant-Appellee.

Presiding Justice NEVILLE delivered the opinion of the court:

Plaintiff, Matthew Babich, filed a two-count complaint (a products liability count and a negligent spoliation count) against the defendants, Flair Design, Ltd. (Flair Design) and River Oaks Toyota (Toyota). After Babich settled with Flair Design, Toyota filed a motion for summary judgment and requested that the court enter a judgment for it and against Babich...

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