Martinez v. Gutmann Leather, LLC

Plaintiff, Maria Martinez, as special administrator of the estate of Miguel Pena, appeals from an order of the circuit court of Cook County which granted defendant Gutmann Leather, LLC’s motion to dismiss her cause of action under section 2—619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2—619(a)(9) (West 2004)).

The following facts are relevant and contained in the pleadings and supporting documents: Miguel Pena was shot to death on July 2, 2004, shortly after he completed a 13-hour shift at Gutmann Leather, where he was employed as a setting machine operator. He was allegedly killed by…