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First Springfield Bank & Trust v. Galman

Case Date: 11/04/1998
Court: 4th District Appellate
Docket No: 4-97-0599

First Springfield Bank & Trust v. Galman, No. 4-97-0599

4th District 11-4-98

NO. 4-97-0599

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

FIRST SPRINGFIELD BANK and TRUST, Special Administrator of the Estate of MAY F. PHILIPPART, Deceased,

Plaintiff-Appellant and Cross-Appellee,

v.

ANGELA S. GALMAN,

Defendant,

and

HOWARD C. DOBSON and ADM TRUCKING,INC.,

Defendants-Appellees and Cross-Appellants.

 Appeal from Circuit Court of Sangamon County.



No. 90L26



Honorable Jeanne E. Scott, Judge Presiding.

_________________________________________________________________

PRESIDING JUSTICE GARMAN delivered the opinion of the court:

In November 1989, May Philippart, a pedestrian, was struck by a car driven by defendant Angela Galman as she attempted to cross Lawrence Avenue in Springfield in the middle of the block. Plaintiff First Springfield Bank and Trust (Springfield Bank), acting on behalf of Philippart's estate, sued Galman in a jury trial conducted in March and April 1997. Springfield Bank also named as defendants Archer Daniels Midland Trucking, Inc. (ADM), and its agent Howard Dobson, who illegally parked an ADM tanker truck in a no-parking zone, obstructing the view of both Philippart and Galman. At trial, Springfield Bank raised theories against ADM and Dobson based on negligence and violation of the Public Nuisances Act (Nuisance Act) (Ill. Rev. Stat. 1989, ch. 100