Burgess v. Brooks

PRESIDING JUSTICE WELCH

delivered the opinion of the court:

This case comes before us pursuant to a supervisory order from the Illinois Supreme Court, which has directed us to vacate our previous opinion herein (Burgess v. Brooks, 374 Ill. App. 3d 545 (2007)) and reconsider the case in light of the supreme court’s decision in Gallagher v. Lenart, 226 Ill. 2d 208 (2007). Burgess v. Brooks, 225 Ill. 2d 629 (2007). We do so, and upon reconsideration we determine that a result different from that reached in our previous opinion is warranted.

On February 27, 2003, the plaintiff, Jim Burgess, Jr., was…