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NICPON v. NICPON

No. 85-2271.

145 Ill. App.3d 464 (1986)

495 N.E.2d 1193

BARBARA NICPON, by her guardian, Theresa Gardner Urbanski, Plaintiff-Appellant, v. ANDREW NICPON, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed June 26, 1986.

Attorney(s) appearing for the Case

Beermann, Swerdlove, Woloshin, Barezky & Berkson, of Chicago (Alvin R. Becker and Steven P. Garmisa, of counsel), for appellant.

Williams & Montgomery, Ltd., of Chicago (Barry L. Kroll, James K. Horstman, John D. Daniels, and Lloyd E. Williams, Jr., of counsel), for appellee.

Judgment affirmed.

JUSTICE JIGANTI delivered the opinion of the court:

This appeal challenges the constitutionality of the Illinois interspousal-immunity statute (Ill. Rev. Stat. 1985, ch. 40, par. 1001), which bars spouses from suing each other for nonintentional tort injuries. The plaintiff, Barbara Nicpon, through her guardian, filed this action for personal injuries she sustained in an automobile accident allegedly caused by the wilful and wanton misconduct...

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