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LIBERTY MUT. FIRE INS. v. WOODFIELD MALL

No. 1-09-1905.

941 N.E.2d 209 (2010)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, Plaintiff and Counterdefendant/Appellee, v. WOODFIELD MALL, L.L.C., Woodfield Associates, L.L.C., Taub-Co Management, Inc., improperly sued as The Taubman Company, L.L.C., and Taub-Co Management, Inc., Defendants and Counterplaintiffs/Appellants (Nina Swanson, as Administrator of the Estate of Mark Swanson, Deceased, Defendant/Counterdefendant).

Appellate Court of Illinois, First District, Sixth Division.

December 17, 2010.

Attorney(s) appearing for the Case

Joseph P. Postel, David S. Osborne, Lindsay, Rappaport & Postel, LLC, for Plaintiff and Counterdefendant/Appellee.

Jeremiah P. Connolly, Hilary J. O'Connor, Bollinger, Ruberry & Garvey, Kevin J. Caplis, Jennifer Medenwald, Querrey & Harrow, Ltd., Chicago, for Defendants and Counterplaintiffs/Appellant.

Justice McBRIDE delivered the opinion of the court:

Nina Swanson, of McHenry, Illinois, filed a wrongful death and survival action against the owners and managers of a large suburban shopping mall near Chicago, alleging their negligence in 2004 killed her husband Mark Swanson. Mark Swanson was a heating and air conditioning equipment technician dispatched to the mall by his employer, Carrier Corporation, to service the air conditioning equipment for one of the mall...

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