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SOMOYE v. KLEIN

No. 2-03-0400.

811 N.E.2d 296 (2004)

349 Ill.App.3d 209

285 Ill.Dec. 55

Monisola Shittu SOMOYE, Indiv. and as Next Friend of Dolapo Somoye, a Minor, and Ken Somoye, Plaintiffs-Appellants, v. James A. KLEIN, Hinsdale Family Medicine Center, Hinsdale Hospital, and Joni S. Hales, Defendants (James C. Falcone, Defendant-Appellee).

Appellate Court of Illinois, Second District.

June 8, 2004.

Attorney(s) appearing for the Case

John R. Wimmer, Downers Grove, for Ken Somoye, Monisola Shittu Somoye.

James K. Horstman, Benjamin B. Belcher, Iwan, Cray, Huber, Horstman & VanAusdal, LLC, Chicago, for James C. Falcone.

Justice BYRNE delivered the opinion of the court:

Plaintiffs, Monisola Shittu Somoye and Ken Somoye, filed a complaint alleging the negligent delivery of their newborn son, Dolapo Somoye, on November 30, 1997. The trial court granted defendant, James C. Falcone, M.D., summary judgment on the theory that his conduct was immunized under section 25 of the Good Samaritan Act (Act) (745 ILCS 49/25 (West 1996)). Plaintiffs appeal, arguing that summary judgment is precluded...

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