Hamilton v. Fink

PRESIDING JUSTICE HEIPLE

delivered the opinion of the court:

Plaintiffs, James and Mary Hamilton, appeal from an order granting summary judgment in favor of defendant, Robert Cole. We reverse.

Plaintiffs filed a complaint seeking damages for injuries sustained on June 22, 1987, when their vehicle hit a vehicle driven by defendant, Steven Fink. Count I of plaintiffs’ complaint was directed at Fink, whose disabled vehicle was stationary at the time of the collision. Count II was directed at Cole, whose tow truck had been struck by Fink’s vehicle just prior to plaintiffs’ collision. Cole filed a…