Opinion
1984.
(59598) Degener v. Degener ........................................ Denied.
(59658) Department of Transportation v. Mullen (Ryan, C.J., took no part.) ............................. Denied.
(59762) Doan v. Estate of Marcy ................................... Denied.
(59705) Dobosz v. State Farm Fire Casualty Co. .................. Denied.
(59504) Du Page Bank Trust Co. v. Village of Downers Grove ........................................... Denied.
(59609) Erickson v. Board of Education ............................ Denied.
(59664) Evanik v. Janus ........................................... Denied.
(59756) Farmers Traders State Bank v. Johnson ................... Denied.
(59719) Flynn v. Kucharski ........................................ Denied.
(57875) Getschow v. Commonwealth Edison Co. ....................... Order entered.
Leave to appeal was allowed in this case in March 1983.
( 93 Ill.2d 542.)
On January 26, 1984, the following order was entered:
PER CURIAM:
In this case a judge of this court has recused himself and the remaining members of the court are divided in their views of the case concerning whether the award of compensatory damages should be affirmed, so that the constitutionally required concurrence of four judges cannot be secured.
(See Ill. Const. 1970, art. VI, sec. 3.) Under these circumstances, we shall let stand the portion of the judgment of the Appellate Court, First District, which affirmed the circuit court's award of compensatory damages in the sum of $270,000. As to the above portion of this order, see Perlman v. First National Bank (1975), 60 Ill.2d 529, 530. However, four judges of this court are of the opinion that the appellate court erred in its affirmance of the circuit court's award of punitive damages in the sum of $25,000. Therefore, the portion of the appellate court judgment which affirmed the circuit court's award of punitive damages is reversed, and this cause is remanded to the circuit court of Cook County with directions to modify its judgment in accordance with this order.
Clark, J., took no part.
Rehearing was denied on March 30, 1984.
Reported below: 111 Ill. App.3d 522.
(59497) Gimino v. Gimino .......................................... Denied.