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PESTKA v. TOWN OF FORT SHERIDAN COMPANY, L.L.C.

No. 1-04-2674.

862 N.E.2d 1044 (2007)

308 Ill.Dec. 841

Edward PESTKA and Betty L. Pestka, Plaintiffs-Appellants, v. TOWN OF FORT SHERIDAN COMPANY, L.L.C., an Illinois Corporation, Town of Fort Sheridan Operating Company, L.L.C., Wolf Management Services, Inc., Environmental Quality Management, Inc., and Pearson, Brown and Associates, Inc., Defendants-Appellees Midwest Rail and Dismantling, Inc., a Foreign Corporation Doing Business in Illinois, Defendant.

Appellate Court of Illinois, First District, First Division.

January 22, 2007.

Attorney(s) appearing for the Case

James J. Morici, Jr. of Morici, Figlioli & Associates and David A. Novoselsky and Leslie J. Rosen of Novoselsky Law Offices, Chicago, for Plaintiffs-Appellants.

Michael J. Mullen and William E. Spizzirri of Kralovec & Marquard, Chartered, Chicago, for Defendants-Appellees.

Presiding Justice McBRIDE delivered the opinion of the court:

Appellants Edward and Betty Pestka (the Pestkas) brought a construction negligence action against Town of Fort Sheridan Company, L.L.C. (TFSC), and Midwest Rail and Dismantling, Inc. (Midwest), seeking damages for injuries sustained on the job by Edward, a truck driver, and for Betty's loss of consortium. The Pestkas later filed an amended complaint in which they added Town of Fort Sheridan Operating Company...

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