Nicholas v. Alliance Communications

This is an appeal from the order of the circuit court of Vermilion County, dismissing counts III and XXVII of the amended complaints of Betty S. Nicholas, administrator of the estate of Shane Nicholas, deceased; Joseph Nicholas; and Gloria Ice, plaintiffs. Stuart Toft, one of the defendants, had requested such relief, based upon section 2— 615 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-615).

Plaintiffs’ decedent was killed when hit by one of Toft’s vehicles, which was being driven by codefendant Gary P. Brown. Counts III and XXVII describe Brown’s alleged negligence…