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HARVEL v. CITY OF JOHNSTON CITY

No. 5-89-0741.

563 N.E.2d 1157 (1990)

205 Ill. App.3d 661

151 Ill.Dec. 51

Barbara HARVEL, Plaintiff-Appellant, and James Harvel, Plaintiff, v. CITY OF JOHNSTON CITY and Lawrence A. Lipe & Associates, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

November 20, 1990.

Attorney(s) appearing for the Case

Thomas F. Crosby, Winters, Brewster, Murphy, Crosby & Patchett, Marion, for plaintiff-appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago (D. Kendall Griffith, Bruce L. Carmen, Brian K. McBrearty, of counsel), for defendant-appellee, Lawrence A. Lipe & Associates.

Michael F. Dahlen, Feirich, Schoen, Mager, Green, Carbondale, for defendant-appellee, City of Johnston City.

Presiding Justice LEWIS delivered the opinion of the court:

On July 26, 1989, the plaintiffs, James and Barbara Harvel, filed a complaint against the defendants, City of Johnston City (the City) and Lawrence A. Lipe & Associates (Lipe). In the complaint, counts I and II stated that the defendants had violated the provisions of the Structural Work Act (Ill.Rev.Stat.1987, ch. 48, par. 60 et seq.), and that these violations were the proximate cause of plaintiff...

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