dissenting:
A careful reading of Handley v. Unarco Industries, Inc. (1984), 124 Ill. App. 3d 56, 463 N.E.2d 1011, establishes the appellate court did not consider the factual sufficiency of the plaintiffs’ complaint. The decision dealt with the substantive issues, not the procedural issues. There is no question but that the trial court in Handley upheld the procedural sufficiency of the complaint. I, as does the majority, consider the complaint in the present case procedurally sufficient, but I do not believe the Handley decision justifies the application of collateral estoppel.
As he stated in oral arguments, plaintiff’s counsel abandoned all argument on appeal except the issue of collateral estoppel. The sufficiency of factual allegations, except for that of collateral estoppel, are waived. See 107 Ill. 2d R. 341(e)(7).