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HARDER v. KELLY

No. 2-06-0404.

861 N.E.2d 673 (2007)

308 Ill.Dec. 342

Edwin HARDER, Plaintiff-Appellee, v. Timothy KELLY and Illinois Central Railroad Company, a/k/a Canadian National, Defendants (Hortica Insurance Company, as Subrogee of Schaeffer's Greenhouse, Inc., Intervenor-Appellant).

Appellate Court of Illinois, Second District.

January 11, 2007.

Attorney(s) appearing for the Case

Patrick R. Grady, Wolf & Wolfe, Ltd., Chicago, for Hortica Insurance Company.

Anthony L. Russo Jr., Russo & Russo, Ltd., Wheaton, for Edwin Harder.

Justice O'MALLEY delivered the opinion of the court:

Hortica Insurance Company (Hortica) intervened in a personal injury lawsuit filed in the circuit court of Du Page County by plaintiff, Edwin Harder. Hortica provided workers' compensation insurance to plaintiff's employer, Schaeffer's Greenhouse, Inc. (Schaeffer's), and had paid worker's compensation benefits to plaintiff for the injuries forming the basis of the personal injury lawsuit. Hortica asserted that it...

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