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This section contains the nature of the case and procedural background.

D's car careened into a store and injured Ps. The car was not under the affirmative control of D when it crashed into the wall of the store demolishing a section of wall and dislodging coffee urns and a window case which in turn fell on Ps. P's moved for summary judgment pursuant to Rule 113. The trial court refused the motion and P appealed.

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