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WAGNER v. EAGLE FOOD CENTERS, INC.

No. 1-08-3213.

925 N.E.2d 243 (2010)

Craig WAGNER and Mary Wagner, Plaintiffs-Appellees, v. EAGLE FOOD CENTERS, INC.; Clorox Products Manufacturing Company; and Clorox Sales Company, Defendants-Appellants (Clorox, Inc., and Clorox Company, Defendants).

Appellate Court of Illinois, First District, Third Division.

February 10, 2010.

Attorney(s) appearing for the Case

A. Jay Koehler, Catherine Basque Weiler, Elizabeth A. Bruer, Swanson, Martin, Bell, LLP, Chicago, IL, for Clorox Products & Clorox Co.

Joseph Skyrd, Matthew Schreck, Stephen Rehfeldt, Mulherin, Rehfeldt & Varchetto, P.C., Wheaton, IL, for Eagle Food Centers, Inc.

Clifford W. Horwitz, Michael D. Carter, Thomas Kelliher, Horwitz, Horwitz & Associates, Chicago, IL, for Plaintiffs-Appellees.

Presiding Justice MURPHY delivered the opinion of the court:

In January 1999, plaintiff Craig Wagner slipped and fell at an Eagle Food Center in Joliet, Illinois. Craig Wagner and his wife, Mary Wagner, filed a premises liability claim against Eagle and, later, products liability claims against Clorox in Will County, Illinois. Plaintiffs voluntarily dismissed their seventh amended complaint in Will County and refiled their case in Cook County. Defendants filed a motion...

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