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ESTELL v. BARRINGER

No. 11220.

3 Ill. App.3d 455 (1972)

278 N.E.2d 424

CLARENCE ESTELL, Plaintiff-Appellant, v. FLOYD S. BARRINGER, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 2, 1972.

Attorney(s) appearing for the Case

McGrady, Madden & Watson, of Gillespie, (D.A. McGrady, of counsel,) for appellant.

Horsley, Kimble, Lott and Surman, of Springfield, for appellee.

Judgment affirmed.

Mr. JUSTICE MILLS, delivered the opinion of the court:

This is a medical malpractice case in which the theory of the plaintiff-appellant is apparently: "The law ought to be * * *."

But — in Illinois, it isn't.

As originally filed, the case was constructed on three footings — res ipsa loquitur, negligence and lack of consent. The trial court dismissed the res ipsa theory and the case went...

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