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UNGER v. EICHLEAY CORP.

No. 3-92-0432.

614 N.E.2d 1241 (1993)

244 Ill. App.3d 445

185 Ill.Dec. 556

Kenneth UNGER, Plaintiff-Appellant, v. EICHLEAY CORPORATION, a foreign corporation, Defendant-Appellee, and River City Construction Co., an Illinois Corporation, Defendant.

Appellate Court of Illinois, Third District.

Rehearing Denied June 8, 1993.

Modified Opinion June 9, 1993.

Attorney(s) appearing for the Case

Floyd C. Dailey (argued), Harvey & Stuckel, Chtd., Peoria, for Kenneth Unger.

Robert V. Dewey, Jr., Karen L. Kendall, Craig S. Young (argued), Brad A. Elward, Heyl, Royster, Voelker & Allen, Peoria, for Eichleay Corp.

W. Thomas Johnston, Quinn, Johnston, Henderson & Pretorius, Chartered, Peoria, for River City Const. Co.

Justice BRESLIN delivered the opinion of the court:

The plaintiff, Kenneth Unger, brought this negligence action against the defendants, Eichleay Corp. (Eichleay) and River City Construction Company (River City). The trial court granted defendant Eichleay's motion for summary judgment, finding that Eichleay did not owe the plaintiff a duty as alleged in the plaintiff's complaint. The plaintiff appeals from that decision. We reverse and remand.

The record reveals...

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