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HARRIS TRUST & SAVINGS BK. v. ALI

Nos. 80-2129, 80-2130 cons.

100 Ill. App.3d 1 (1981)

425 N.E.2d 1359

HARRIS TRUST AND SAVINGS BANK, Guardian of the Estate of John B. Hopp, Jr., a Minor, Plaintiff-Appellee, v. MASROOR ALI, M.D., et al., Defendants-Appellants. — (MELVIN FEINBERG, M.D., Defendant.) — MASROOR ALI, M.D., et al., Plaintiffs-Appellants, v. MELVIN FEINBERG, M.D., Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed September 3, 1981.

Attorney(s) appearing for the Case

Lord, Bissell & Brook and Baker & McKenzie, both of Chicago (Harold L. Jacobson, Hugh C. Griffin, Harry J. O'Kane, and Francis D. Morrissey, of counsel), for appellants.

Eugene J. Pavalon and Robert J. Cooney, both of Chicago (John W. Fisk and James T. Newman, of counsel), for appellee Harris Trust and Savings Bank.

Dore & Clark, Ltd., and Ronald A. Parizek & Associates, Ltd., both of Chicago (Cornelius F. Dore, William G. Clark, Jr., and Ilene M. Davidson, of counsel), for appellee Melvin Feinberg, M.D.

Affirmed in part, and reversed and remanded in part.

Mr. PRESIDING JUSTICE ROMITI delivered the opinion of the court:

The plaintiff as guardian of John Hopp, Jr., recovered $1,500,000 from defendants Drs. Ali and Feinberg and Sherman Hospital, Ali's employer, when the child was misdiagnosed and improperly treated for spinal meningitis. Sherman was sued solely as Ali's employer. Ali and Sherman Hospital appeal this verdict contending that:

1. a so-called...

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