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CLAIBORNE v. HUTCHINSON

No. 77-1139.

67 Ill. App.3d 374 (1978)

385 N.E.2d 29

DAVID CLAIBORNE, a Minor, by Bertha Claiborne, his Mother and Next Friend, Plaintiff-Appellant, v. CARELL HUTCHINSON, JR., M.D., Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied January 18, 1979.

Attorney(s) appearing for the Case

Rolland H. Stimson, of Chicago, for appellant.

Lord, Bissell & Brook, of Chicago (Robert B. Austin, Hugh C. Griffin, and Norman J. Lerum, II, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

Plaintiff, a 10-year-old boy, appeals an order of the circuit court of Cook County dismissing his medical malpractice suit against the defendant doctor who amputated his right leg. The plaintiff's recovery in a prior suit for injuries he sustained to this leg formed the basis of the trial court's dismissal. The issues on appeal are: (1) whether the parties' pleadings and affidavits...

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