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FOUNTAS v. BREED

No. 82-2243.

118 Ill. App.3d 669 (1983)

455 N.E.2d 200

MARY FOUNTAS, Indiv. and as Adm'r of the Estate of Stavros Fountas, Deceased, Plaintiff-Appellant, v. DR. J. ERNEST BREED et al., Defendants-Appellees — (Dr. Philip Thorek et al., Defendants).

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

Opinion filed September 29, 1983.

Attorney(s) appearing for the Case

Mitgang, Levine and Schwartz, and Goldberg & Goldberg, both of Chicago (John B. Schwartz, Carl Nusbaum, and Michael J. Radtke, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Stanley J. Davidson and John G. Langhenry, Jr., of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

Deceased, before his death, filed a malpractice action against several parties, including defendants-appellees, J. Ernest Breed and Breed Radium Institute. His wife was joined as a party plaintiff. Immediately after his death the malpractice complaint was voluntarily dismissed without prejudice. Later it was reinstated on defendants-appellees'...

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