Lemings v. Collinsville School District Number Ten

PRESIDING JUSTICE HARRISON

delivered the opinion of the court:

Defendant Metro East Disposal, Inc. filed an interlocutory appeal from an order overruling its motion to dismiss plaintiffs’ second amended complaint. The question, which was raised by the pleadings and certified by the trial court for appeal pursuant to Supreme Court Rule 308, is whether defendant’s motion to dismiss should have been sustained as a matter of law. For the following reasons, we affirm the trial court’s decision.

Plaintiffs’ second amended complaint alleged that on December 15, 1980, at approximately 3 p.m.,…