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RUBRIGHT v. CODMAN & SHURTLEFF

No. 78-1115.

86 Ill. App.3d 94 (1980)

407 N.E.2d 681

ELAINE RUBRIGHT et al., Plaintiffs, v. CODMAN & SHURTLEFF et al., Defendants. — (CODMAN & SHURTLEFF et al., Third-Party Plaintiffs-Appellants, v. THE LAWTON COMPANY et al., Third-Party Defendants-Appellees.)

Appellate Court of Illinois — First District (1st Division).

Rehearing denied July 28, 1980.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug, of Chicago (John F. White, Robert S. Soderstrom, and James P. DeNardo, of counsel), for appellant Rockford Memorial Hospital.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Thomas F. Tobin, John T. Rank, and Daniel J. O'Connor, of counsel), for appellant Codman & Shurtleff.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith and Stephen R. Swofford, of counsel), for appellees Alcon Laboratories, Inc., and Dart Industries.

Judgment affirmed.

Mr. JUSTICE CAMPBELL delivered the opinion of the court:

This appeal arises from a suit by Elaine and Wayne Rubright for injuries suffered by Elaine on April 14, 1971. She was injured when a surgical instrument broke and a fragment of the instrument became imbedded in her back during a laminectomy operation. The Rubrights' multicount second amended complaint based in negligence, including res ipsa loquitur, enterprise liability, and...

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