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WESTFIELD INS. CO. v. BIRKEY'S FARM STORE

No. 3-09-0501.

924 N.E.2d 1231 (2010)

WESTFIELD INSURANCE COMPANY a/s/o Sandrock Enterprises, Inc., an Illinois Corporation, d/b/a Sandrock Farms, and Gary L. Sandrock, Plaintiff-Appellant, v. BIRKEY'S FARM STORE, INC., d/b/a Birkey's Construction Equipment Company, an Illinois Corporation, and CNH America, LLC, a Foreign Business Corporation, Defendants-Appellees.

Appellate Court of Illinois, Third District.

March 17, 2010.

Attorney(s) appearing for the Case

Roland S. Keske (argued), Robert Ostojic, Alexander W. Ross, Leahy, Eisenberg & Fraenkel, Ltd., Chicago, for Westfield Insurance Company.

Charles Peter Rantis, Meghan M. Sciortino, David M. Macksey, Garrett L. Boehm (argued), John W. Bell, William G. Beatty, Johnson & Bell, Ltd., Chicago, for CNH America, LLC.

Troy A. Lundquist (argued), Stacy K. Shelly, Langhenry, Gillen, Lundquist & Johnson, LLC, Rockford, for Birkey's Farm Store, Inc.

Justice CARTER delivered the opinion of the court:

Plaintiff, Westfield Insurance Company (Westfield), filed a fourth amended complaint against defendants Birkey's Farm Store Inc. (Birkey's), and CNH America, LLC (CNH), under a theory of subrogation, seeking damages related to a tractor fire. Defendants moved to dismiss seven of the eight counts of the fourth amended complaint for various reasons. The trial court granted the motions to dismiss and denied Westfield...

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