Miller v. Norfolk & Western Railway Co.

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

This is an interlocutory appeal by plaintiff William E Miller, pursuant to Supreme Court Rule 308. (107 Ill. 2d R. 308.) The issues certified on appeal are: (1) whether the Village of Forrest (Village), a municipal corporation, may waive any conflicts of interest in this case; and (2) whether counsel for the plaintiff, Kinate & Morgan, are disqualified from representing the plaintiff despite a knowing waiver of any conflict of interest by plaintiff and the Village as third-party defendant. The trial court disqualified plaintiff’s…