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WOODS v. COLE

No. 4-96-0345.

675 N.E.2d 132 (1996)

285 Ill. App.3d 721

221 Ill.Dec. 225

Yvonne WOODS, Special Administrator of the Estate of Eric Woods, Deceased, Plaintiff-Appellee, v. Todd COLE, Defendant-Third Party Plaintiff-Appellant, and Larry Carrera and Jason Hill, Third Party Defendants.

Appellate Court of Illinois, Fourth District.

Decided December 6, 1996.

Rehearing Denied February 7, 1997.

Attorney(s) appearing for the Case

Barbara A. Fritsche, Jacksonville, Forrest G. Keaton (argued), Rammelkamp, Bradney, Dahman, Kuster, Keaton, Fritsche & Lindsay, P.C., Jacksonville, for Todd Cole.

Bruce N. Cook (argued), Cook, Shevlin, Ysursa, Bauer & Bartholomew, Ltd., Belleville, for Yvonne Woods Special Administrator.

Justice McCULLOUGH delivered the opinion of the court:

In an interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill.2d R. 308), this court is asked to determine whether section 2-1117 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1117 (West 1992)) is applicable in negligence actions where several tort-feasors acted "in concert" to cause a single, indivisible harm. The question certified by the trial court is:

"Whether the provisions of 735...

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