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YODER v. FERGUSON

Nos. 1-04-3214, 1-04-3230.

885 N.E.2d 1060 (2008)

Jerelyn YODER, Individually, and Jerelyn Yoder, as Special Administrator of the Estate of Teagan L. Yoder, Deceased, and Jerelyn Yoder, as Mother and Next Friend of Zachary S. Yoder, a Minor, Plaintiffs-Appellees, v. James N. FERGUSON, Romar Transportation Systems, Inc., Ro-Mar Transportation Systems, Inc., Thomas I. Alexander, Jr., and Single Source Transportation Company, Defendants-Appellants and Third-Party Plaintiffs-Appellants; Mary Beth Marshall and Scott Yoder, Defendants and Third Party Defendants-Appellees, Ruan Leasing Company, Roy John Adler, Berg Grain and Produce, Inc., Rolling Plains, Inc., David Knoll, Kee Transport, Inc., The Midland Grocery Company, Roundy's Inc., Lawrence R. Heaney, and Robert J. Parks, Defendants; Joseph Rezetko, Defendant and Third-Party Defendant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 3, 2008.

Attorney(s) appearing for the Case

Paul J. Bargiel, P.C., Paul J. Bargiel and William Porter, Ernest Wagner, Chilton, Yambert, Porter & Young, LLP, Chicago, for Appellants Thomas I. Alexander, Jr. and Single Source Transportation Co.

John W. Patton (Trial Counsel), Patton & Ryan, and Michael J. Mullen (Trial Counsel), Kralovec & Marquard, Chtd., Clausen Miller P.C., Edward M. Kay, Barbara I. Michaelides, Paul V. Esposito, Agelo L. Reppas, Chicago, for Romar Transportation Systems, Inc. and James N. Ferguson.

Alan J. Brinkmeier, Merlo Kanofsky Brinkmeier & Gregg, Ltd., Chicago, for Mary Beth Marshall.

Bruce W. Lyon, Angie M. Grove, LaBarge, Campbell & Lyon, L.L.C., Chicago, for Scott Yoder.

Kevin P. Durkin, John T. Karnezis, Clifford Law Offices (Robert P. Sheridan, of counsel), Chicago, for Jerelyn Yoder.

Justice MURPHY delivered the opinion of the court:

This cause of action arises from a February 12, 1999, multivehicle accident just west of the Kishwaukee River Bridge (bridge) on westbound Interstate 90 near Rockford, Illinois. Plaintiff Jerelyn Yoder and her family were involved in the accident. Plaintiff's then-husband, defendant Scott Yoder (Scott), was driving their GMC Jimmy with plaintiff sitting in the passenger seat and their two children, Zachary and Teagan...

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