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LASALLE NAT. BANK v. WILLIS

Nos. 1-06-3564, 1-06-3616, 1-06-3619.

880 N.E.2d 1075 (2007)

LaSALLE NATIONAL BANK, as Trustee under Trust Agreement known as Trust No. A7710727006, and Michele Kosovich, Special Administrator of the Estate of Dolores Witt, Plaintiffs-Appellants and Cross-Appellees, v. John C. WILLIS, Defendant-Appellee and Cross-Appellant (Quality Excavation, Inc., Defendant). John C. Willis, Counterplaintiff-Counterdefendant, v. Quality Excavation, Inc., Counterdefendant-Counterplaintiff. LaSalle National Bank, as Trustee under Trust Agreement known as Trust No. A7710727006, and Michele Kosovich, Special Administrator of the Estate of Dolores Witt, Plaintiff-Respondents, v. John C. Willis and Quality Excavation, Inc., Defendants-Petitioner. LaSalle National Bank, as Trustee under Trust Agreement known as Trust No. A7710727006, and Michele Kosovich, Special Administrator of the Estate of Dolores Witt, Plaintiffs-Appellees, v. John C. Willis, Defendant-Appellant (Quality Excavation, Inc., Defendant). John C. Willis, Cross-Plaintiff, v. Quality Excavation, Inc., Cross-Defendant.

Appellate Court of Illinois, First District, Fifth Division.

December 14, 2007.

Attorney(s) appearing for the Case

Donald L. Bertelle, Chicago, for Plaintiffs-Appellants and Cross-Appellees.

Robert C. Heist, Anne-Marie Foster, R. Conner & Associates, P.C., Chicago, for Defendant-Appellee and Cross-Appellant, Counterplaintiff-Counterdefendant,

John J. Daley, Gregory T. Glenn, Prusik Selby Daley & Kezelis, P.C, Chicago, for Defendant, Counterdefendant-Counterplaintiff.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

John Willis bought property neighboring a house in Chicago owned by long-time resident Dolores Witt. He hired Quality Excavation, Inc., to demolish the structure on his property and to excavate the site. Work done on Willis's property allegedly used improper shoring and damaged Witt's house, forcing Witt to evacuate her home of nearly 80 years and, ultimately, to sell the property. These three...

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