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McNEIL v. DIFFENBAUGH

No. 80-2195.

105 Ill. App.3d 350 (1982)

434 N.E.2d 377

LUCIUS McNEIL, a/k/a Lucius J. Harris, Jr., Indiv. and as Father and Next Friend of Lucius McNeil, Jr., a Minor, Plaintiff-Appellant, v. WILLIS G. DIFFENBAUGH, M.D., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed March 26, 1982.

Attorney(s) appearing for the Case

Richard I. Bass & Associates, of Chicago (Sidney Z. Karasik, of counsel), for appellant.

Wildman, Harrold, Allen & Dixon, of Chicago (Mark C. Fedota and Ruth E. Van Demark, of counsel), for appellee Willis G. Diffenbaugh, M.D.

Lord, Bissell & Brook, of Chicago, for appellee South Chicago Community Hospital.

Jacobs, Williams & Montgomery, Ltd., of Chicago, for appellee George McNeil Teaming Company, Inc.

Hersch Y. Franks, of Chicago (Hugh C. Griffin and Barry L. Kroll, of counsel), for appellee Fernando Jordan Pascual, M.D.

Orders affirmed.

JUSTICE WILSON delivered the opinion of the court:

Plaintiff appeals from orders of the trial court striking and dismissing certain counts of a multicount complaint. On appeal, he presents these issues for review that: (1) the complaint states a cause of action against the company physician for malpractice in failing to diagnose and treat a condition not related to an accident arising out of and in the course of plaintiff's employment; and...

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