Plagentini v. Ford Motor Company

              FOURTH DIVISION
January 15, 2009
No. 1-04-3800
RONALD PIAGENTINI and ANNETTE PIAGENTINI,
Plaintiffs-Appellants,
v.
FORD MOTOR COMPANY,
Defendant-Appellee.
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Appeal from the
Circuit Court of
Cook County
Honorable
Bill Taylor,
Judge Presiding.
MODIFIED PURSUANT TO SUPERVISORY ORDER
JUSTICE GALLAGHER delivered the opinion of the court:
Plaintiffs, Ronald Piagentini and Annette Piagentini, appealed from an order of the trial
court granting defendant Ford Motor Company's motion for summary judgment based upon res
judicata. We issued an opinion reversing and remanding the case on May 12, 2006, and modified
our opinion upon denial of rehearing on June 23, 2006 (Piagentini v. Ford Motor Co., 366 Ill.
App. 3d 395, 852 N.E.2d 356 (2006), vacated, 228 Ill. 2d 552, 886 N.E.2d 1025 (2008)). The
Illinois Supreme Court issued a supervisory order on July 8, 2008, directing us to vacate our
judgment and reconsider this case in light of Hudson v. City of Chicago, 228 Ill. 2d 462, 889
N.E.2d 210 (2008), to determine whether a different result is warranted. We have examined our
judgment and have determined that Hudson does not change the result. We reverse and remand.
BACKGROUND
Plaintiffs' claims against defendant, Ford Motor Company (Ford), arose from a motor
vehicle accident that occurred in Chicago, Illinois. Plaintiff Ronald Piagentini was driving a 1987