WAUGH v. MORGAN STANLEY AND CO., INC.

Nos. 1-10-2653, 1-10-2662. 1-10-2885, 1-10-3410.

966 N.E.2d 540 (2012)

359 Ill. Dec. 219

Lisa WAUGH, as Surviving Spouse of Michael Patrick Waugh, Deceased, and as Special Administrator of the Estate of Michael Patrick Waugh, and as Mother and Natural Guardian of Joseph Waugh, Jordan Waugh and Jameson Waugh, Minor Children, Plaintiff, v. MORGAN STANLEY AND COMPANY, INCORPORATED, and Donna Turek, Independent Administrator of the Estate of Mark Turek, Deceased, Defendants (Donna Turek, Independent Administrator of the Estate of Mark Turek, Deceased; Morgan Stanley and Company, Inc., et al., Counterplaintiff-Appellant and Cross-Appellee; Randall D. Repke, Independent Executor of the Estate of Kenneth Knudson, Deceased; H.K. Golden Eagle, Inc.; Sybaris Clubs International, Inc.; Galt Airport, L.L.C.; and Recurrent Training Center, Inc.; Arr-ow 2, Inc., d/b/a Glass Simulator Center; Gene Littlefield Advanced Simulator Systems, d/b/a Glass Simulator Center; Howard D. Levinson; and Hark Corporation, Counterdefendants-Appellees and Cross-Appellants). Jennifer E. Garland, Independent Administrator of the Estate of Scott A. Garland, Deceased, Plaintiff, v. T.W. Smith Engine Company, Inc., a Corporation, et al., Defendants (Howard Levinson and Hark Corporation, Defendants-Appellees; Randall Repke, as Independent Executor of the Estate of Kenneth Knudson, Deceased, Counterplaintiff and Cross-Appellant; Donna Turek, Independent Administrator of the Estate of Mark Turek; Morgan Stanley and Company, Incorporated; Morgan Stanley DW, Incorporated; Counter/Defendants, Recurrent Training Center, Inc.; Arr-ow 2, Inc., d/b/a Glass Simulator Center; and Gene Littlefield Advanced Simulator Systems, d/b/a Glass Simulator Center, Counterdefendants and Cross-Appellees). Lisa A. Waugh, as Surviving Spouse of Michael Patrick Waugh, Deceased, and as Special Administrator of the Estate of Michael Patrick Waugh, and as Mother and Natural Guardian of Joseph Waugh, Jordan Waugh, and Jameson Waugh, Minor Children, Plaintiff, v. Morgan Stanley and Company, Incorporated, and the Estate of Mark Turek, Defendants (Morgan Stanley and Company, Incorporated, Third-Party Plaintiff-Appellant; Howard D. Levinson and Hark Corporation, et al., Third-Party Defendants and Appellees). Lisa A. Waugh, as Surviving Spouse of Michael Patrick Waugh, Deceased, and as Special Administrator of the Estate of Michael Patrick Waugh, and as Mother and Natural Guardian of Joseph Waugh, Jordan Waugh, and Jameson Waugh, Minor Children, Plaintiff, v. Morgan Stanley and Company, Incorporated, and The Estate of Mark Turek, Defendants (Morgan Stanley and Company, Inc.; Third-Party Plaintiff-Appellant, Howard D. Levinson and Hark Corporation, et al., Third-Party Defendants-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

March 1, 2012.


Attorney(s) appearing for the Case

Michael G. McQuillen , Paula L. Wegman , Austin W. Bartlett , Steven L. Boldt , Adler Murphy & McQuillen LLP, Edward J. Matushek III , Bridget G. Longoria , Matushek, Nilles & Sinars, LLC, Chicago, for Appellants Morgan Stanley & Co. and Estate of Mark Turek.

Clifford Law Offices ( Richard F. Burke, Jr. , Robert P. Sheridan , of counsel), Chicago, for Appellant Jennifer Garland.

William F. DeYoung , Loretto M. Kennedy , Sean M. Conaghan , Chuhak & Tecson, PC, Norman J. Lerum , Norman J. Lerum, PC, Chicago, for Appellees Howard D. Levinson and Hark Corporation.

Charles R. Barnett, III , Barnett Law Offices, PC, Lake in the Hills, for Appellee Recurrent Training Cener, Inc.


OPINION

Justice FITZGERALD SMITH delivered the judgment of the court, with opinion.

¶ 1 The instant cause involves multiple actions stemming from claims brought following a fatal airplane crash. Appellants Morgan Stanley and Company, the estate of Scott Garland, and the estate of Mark Turek appeal from orders of the trial court granting partial summary judgment to appellees Howard Levinson and Hark Corporation on all claims alleging educational malpractice...

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