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AIKENS v. MORRIS

No. 70749.

583 N.E.2d 487 (1991)

145 Ill.2d 273

164 Ill.Dec. 571

Patricia AIKENS, Appellee, v. Eugene MORRIS et al., Appellants.

Supreme Court of Illinois.

November 21, 1991.

Attorney(s) appearing for the Case

Dowd and Dowd, Ltd., Chicago (Robert C. Yelton, III, Philip J. McGuire, Joel S. Ostrow, of counsel), for appellants.

Kelly R. Welsh, Corp. Counsel, Chicago (Lawrence Rosenthal and Lynn Kristine Mitchell, of counsel), for amicus curiae City of Chicago.

Thomas W. Kelty and Stanley L. Morris, Pfeifer & Kelty, P.C., Springfield, for amicus curiae, Illinois Mun. League.

Peter F. Zullo, Chicago, for amicus curiae, Illinois Trial Lawyers Assoc.

Beermann, Swerdlove, Woloshin & Barezky, Chicago (Howard A. London, of counsel), for appellee.

Justice FREEMAN delivered the opinion of the court:

Plaintiff, Patricia Aikens, filed a personal injury action in the circuit court of Cook County against defendants, Eugene Morris and the City of Evanston. Plaintiff sought to recover damages sustained when her automobile was struck by an Evanston police squad car driven by police officer Morris. Defendants raised as a defense sections 2-202 and 2-109 of the Local Governmental and Governmental Employees Tort Immunity...

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