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Terry Martin, Ardith Wynn, and Rickey Vanover v. Keeley & Sons

APPELLATE COURT OF ILLINOIS FIFTH DISTRICT


September 30, 2011

TERRY MARTIN, ARDITH WYNN, AND RICKEY VANOVER, PLAINTIFFS-APPELLANTS,
v.
KEELEY & SONS, INC., DEFENDANT-APPELLEE,
AND
EGYPTIAN CONCRETE COMPANY AND ALLEN HENDERSON & ASSOCIATES, INC.,
DEFENDANTS-APPELLANTS.

Appeal from the Circuit Court of St. Clair County. No. 02-L-357 Honorable Michael J. O'Malley, Judge, presiding.

The opinion of the court was delivered by: Justice Wexstten

NOTICE

The text of this decision may be changed or corrected prior to the filing of a IN THE Petition for Rehearing or the disposition of the same.

JUSTICE WEXSTTEN delivered the judgment of the court, with opinion. Presiding Justice Chapman concurred in the judgment and opinion. Justice Spomer dissented, with opinion.

OPINION

¶ 1 The circuit court of St. Clair County entered summary judgment in favor of the appellee on the appellants' spoliation-of-evidence claims. For the reasons that follow, we reverse and remand for further proceedings.

¶ 2 BACKGROUND

¶ 3 On May 29, 2001, while installing a handrail on a bridge that defendant Keeley & Sons, Inc. (Keeley), was reconstructing pursuant to a contract with the Illinois Department of Transportation (IDOT), the plaintiffs, Terry Martin, Ardith Wynn, and Rickey Vanover,

20110930

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