HARDWARE STATE BANK v. COTNER

No. 45448.

55 Ill.2d 240 (1973)

302 N.E.2d 257

HARDWARE STATE BANK, Admr., Appellant, v. EDWARD COTNER, JR., Appellee.

Supreme Court of Illinois.

Opinion filed October 1, 1973.


Attorney(s) appearing for the Case

WILLIS P. RYAN, HARLAN HELLER and DALE A. CINI, of RYAN and HELLER, LTD., of Mattoon, for appellant.

JACK E. HORSLEY, WILLIAM E. LARRABEE and RICHARD F. RECORD, JR., of CRAIG & CRAIG, of Mattoon, for appellee.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Hardware State Bank, as administrator of the estate of Jerry Lee Kidwell, deceased, filed an action against Edward Cotner, Jr., in the circuit court of Moultrie County for wrongful death. (Ill. Rev. Stat. 1967, ch. 70, par. 1 et seq.) A jury found for plaintiff and awarded damages in the amount of $55,958.90. Judgment was

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