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SWISHER v. DUFFY

Nos. 63016, 63023 cons.

117 Ill.2d 376 (1987)

512 N.E.2d 1207

ROBERT L. SWISHER, Appellee, v. JOHN E. DUFFY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied June 5, 1987.

Attorney(s) appearing for the Case

Thomas, Wallace, Feehan, Baron & Kaplan, Ltd., of Joliet (Robert J. Baron and Pamela Davis, of counsel), for appellant John E. Duffy.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith and Joshua G. Vincent, of counsel), for appellant Franciscan Sisters Health Care Corporation.

James J. Reidy, Ltd., of Chicago (Margaret M. O'Leary, of counsel), for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE RYAN delivered the opinion of the court:

Robert Swisher filed a medical malpractice action in the circuit court of Will County against Dr. John Duffy and St. Joseph's Hospital. On October 1, 1982, prior to trial on the merits, the circuit court granted plaintiff's motion for voluntary dismissal (Ill. Rev. Stat. 1985, ch. 110, par. 2-1009). On October 21, 1982, three weeks after granting the voluntary...

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