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   State Courts - Illinois - April 19, 2006

  
Hudkins v. Egan, No. 2-05-0872, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 19, 2006, Filed
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Overview: Administrator could not recover for wrongful death under 740 Ill. Comp. Stat. Ann. 180/1 et seq., or for survival under 755 Ill. Comp. Stat. Ann. 5/27-6, as decedent, as negligent driver, could not have recovered based on passenger's encouragement of tortious conduct. The decedent could not be both direct tortfeasor and third-party victim.

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In re Marriage of Jungkans, No. 2-05-0640, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 19, 2006, Filed
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Overview: Trial court erred in failing to consider father's equitable estoppel defense in mother's child support collection case. Illinois courts had applied equitable estoppel under circumstances that existed in instant case in which father stopped paying half of his child support obligation after one of parties' two children began residing with him.

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Pageloff v. Gaumer, No. 3-04-0533, APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 19, 2006, Filed
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Overview: Campground owners were properly granted summary judgment on a camper's negligence claim based on injuries after a fall due to walnuts on the ground; owners owed no duty to remove walnuts from the campground as walnuts were a natural condition with open and obvious risks; owners also had no duty to warn about the risk of walnuts on the ground.

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People v. Barcik, Nos. 2-03-1045, 2-04-0476 cons., APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 19, 2006, Filed
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Overview: Where defendant was arrested for drunk driving, defense counsel was not ineffective under U.S. Const. amend. VI and Ill. Const. art. I, § 8 for failing to call fiancee as witness to testify that defendant was not too intoxicated to drive. Fiancee's testimony was not likely to be credible given her relationship to defendant and her own intoxication.

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