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WITHERELL v. WEIMER

Nos. 52867, 52871 cons.

85 Ill.2d 146 (1981)

421 N.E.2d 869

BETTY WITHERELL, Appellee, v. J.I. WEIMER et al., Appellants.

Supreme Court of Illinois.

Modified on denial of rehearing June 17, 1981.

Attorney(s) appearing for the Case

Lyle W. Allen, Roger R. Clayton, and David R. Sinn, of Heyl, Royster, Voelker & Allen, of Peoria, for appellants J.I. Weimer and R.K. Taubert.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Thomas F. Tobin, and John T. Rank, of counsel), for appellant Ortho Pharmaceutical Corporation.

James L. Hafele, of Peoria, for appellee.

Affirmed in part and reversed in part and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

Plaintiff, Betty Witherell, filed a personal injury action in the Tazewell County circuit court on January 4, 1978, against Drs. J.I. Weimer and R.K. Taubert, and Ortho Pharmaceutical Corporation (Ortho). She alleged that severe injuries to her legs were the result of the negligent conduct of the doctors and as to Ortho alleged negligence, strict product...

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