We first address the applicability of section 12-605 to this action. For the reasons set forth below, we reverse the trial court's denial of the motion to dismiss. Checker's motion to dismiss the compliant for failure to state a cause of action was denied and we allowed Checker's interlocutory appeal therefrom under Supreme Court Rule 308 (.1979, ch. 12-605), to provide a shield or other protective partition between the driver's seat and the back seat, and that the failure to install such a shield was the proximate cause of Hosein's death. The complaint alleged that Checker owed a duty of due care, arising either from common law principles or section 12-605 of the Illinois Vehicle Code (.1979, ch. 1, et seq.) sounding in negligence against Checker Taxi Company (hereinafter "Checker"), alleging that Hosein had leased a taxicab from Checker and was killed during the operation of that cab on Apwhen one or two passengers shot him. Plaintiff, administrator of the estate of Kadir Hosein, brought a wrongful death action (.1979, ch. Keck, Mahin & Cate, Chicago, for plaintiff-appellee. Wiederer, Chicago, of counsel), for defendant-appellant. Appellate Court of Illinois, First District, Second Division. 460 Gloria Jean HOSEIN, as Administrator of the Estate of KadirĬHECKER TAXI COMPANY, INC., Defendant-Appellant.
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