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VINCENT v. ALDEN-PARK STRATHMOOR, INC.

No. 2-09-0625.

928 N.E.2d 115 (2010)

Thomas VINCENT, as Legal Representative of the Estate of Marjorie Vincent, Deceased, Plaintiff-Appellant, v. ALDEN-PARK STRATHMOOR, INC., Defendant-Appellee.

Appellate Court of Illinois, Second District.

April 7, 2010.

Attorney(s) appearing for the Case

Daniel T. Gilbert, Barrett & Gilbert, LLP, Frank A. Perrecone, Ferolie & Perrecone, Ltd., Rockford, for Thomas Vincent.

Lisa A. Jensen, Steven W. Whitmore, Jensen Law Office, LLC, Rockford, for Alden-Park Strathmoor, Inc.

Michael F. Bonamarte III, Steven M. Levin, Levin & Perconti, Chicago, amicus curiae for Illinois Trial Lawyers' Association.

Justice JORGENSEN delivered the opinion of the court:

I. BACKGROUND

In a three-count action brought pursuant to the Survival Act (755 ILCS 5/27-6 (West 2006)), plaintiff, Thomas Vincent, as legal representative of the estate of Marjorie Vincent, sued defendant, Alden-Park Strathmoor, Inc., for personal injuries that Marjorie sustained prior to her death and while in defendant's care. In count I, plaintiff alleged that defendant's negligent actions violated...

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