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JONES v. O'BRIEN TIRE AND BATTERY

871 N.E.2d 98 (2007)

Deborah L. JONES, Individually and as Special Administrator of the Estate of Thomas R. Jones, Deceased, Plaintiff, v. O'BRIEN TIRE AND BATTERY SERVICE CENTER, INC., and Ohio Casualty Insurance Company, Defendants and Third-Party Plaintiffs-Appellees and Cross-Appellants, v. Dave Macios, d/b/a Sugarloaf Landscape Nursery, Third-Party, Defendant, and Country Mutual Insurance Company, Third-Party, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Fifth District.

June 4, 2007.

Attorney(s) appearing for the Case

Deborah C. Druley, Sonnenschein, Nath & Rosenthal LLP, St. Louis, MO, for Country Mutual Ins. Co.

Daniel G. Wills, Pretzel & Stouffer, Chartered, Chicago, for O'Brien Tire and Battery Service Center, Inc., and Ohio Casualty Ins. Co.

Justice CHAPMAN delivered the opinion of the court:

The parties to this appeal were all defendants in litigation arising from a fatal vehicle accident. O'Brien Tire and Battery Service Center, Inc. (O'Brien Tire), and Ohio Casualty Insurance Company (Ohio Casualty) filed a third-party complaint against Dave Macios and Country Mutual Insurance Company (Country Mutual) for negligent spoliation of evidence. Country Mutual appeals a judgment against it, arguing that the...

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