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TZAKIS v. BERGER EXCAVATING CONTRACTORS

No. 1-17-0859.

142 N.E.3d 288 (2019)

2019 IL App (1st) 170859

Dennis TZAKIS, Zenon Gil, Cathy Ponce, Zaia Giliana, Julia Cabrales, and Juan Solis, on Behalf of Themselves and All Other Persons Similarly Situated, a Proposed Class Action, Plaintiffs-Appellants, v. BERGER EXCAVATING CONTRACTORS, INC.; Advocate Health and Hospitals Corporation d/b/a Advocate Lutheran General Hospital; Cook County; Gewalt Hamilton Associates, Inc.; The Village of Glenview; Maine Township; The Metropolitan Water Reclamation District of Greater Chicago; The Village of Niles; and the City of Park Ridge, Defendants (The Metropolitan Water Reclamation District of Greater Chicago, The City of Park Ridge, and Maine Township, Defendants-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

May 30, 2019.

Attorney(s) appearing for the Case

Stuart M. Brody , of Thompson, Brody & Kaplan, of Chicago, Timothy H. Okal , of Spina, McGuire & Okal, of Elmwood Park, and Phillip G. Bazzo , of Flood Law Institute, of Lincoln Park, Michigan, for appellants.

Susan T. Morakalis , James J. Zabel , and Ellen M. Avery , of Chicago, for appellee Metropolitan Water Reclamation District of Greater Chicago.

Howard C. Jablecki , of Klein, Thorpe & Jenkins, Ltd., of Chicago, for appellee City of Park Ridge.

Benjamin Jacobi , of O'Halloran Kosoff Geitner & Cook, LLC, of Northbrook, for other appellee.

OPINION

¶ 1 The instant appeal arises from a lawsuit filed by plaintiffs concerning property damage to their homes resulting from storm water flooding. Plaintiffs, who reside in Maine Township, allege that defendant, Advocate Health and Hospitals Corporation (Advocate...

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