KIRK v. MICHAEL REESE HOSP. & MED. CTR.

Nos. 62700, 62701, 62702, 62703, 62704 cons.

117 Ill.2d 507 (1987)

513 N.E.2d 387

JAMES D. KIRK, Appellee, v. MICHAEL REESE HOSPITAL AND MEDICAL CENTER et al., Appellants.

Supreme Court of Illinois.

Modified on denial of rehearing October 5, 1987.


Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago (Harold L. Jacobson and Hugh C. Griffin, of counsel), for appellant Michael Reese Hospital and Medical Center.

Sweeney & Riman, Ltd., of Chicago (Mary Jo Connelly and Georgene M. Wilson, of counsel), for appellant Irving H. Tracer.

Ann W. Regan and Kathleen E. Kiernan, of Wildman, Harrold, Allen & Dixon, of Chicago, for appellant Henry K. Fine.

Burditt, Bowles & Radzius, Ltd., of Chicago (Robert G. Epsteen and Richard E. Favoriti, of counsel), for appellant E.R. Squibb & Sons, Inc.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Thomas R. Nelson, John T. Rank and Donald J. Hayden, of counsel), for appellant SmithKline Beckman Corporation.

Horwitz, Horwitz & Associates, Ltd., of Chicago (Andrew J. Horwitz, Mitchell Horwitz, Clifford W. Horwitz and Marc A. Perper, of counsel), and Dario A. Garibaldi, of Flossmoor, for appellee.

Cassidy & Mueller, of Peoria (David B. Mueller and Timothy J. Cassidy, of counsel), for amicus curiae Illinois Association of Defense Trial Counsel.

Kay E. Pinkus and Daniel J. Mulvanny, of Naperville, for amicus curiae Illinois Hospital Association.

D. Kendall Griffith, of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for amicus curiae Metropolitan Chicago Healthcare Council.

Geoffrey R.W. Smith, of Washington, D.C. (Bruce J. Brennan, of counsel), for amicus curiae Pharmaceutical Manufacturers Association.

Robert J. Glenn, David A. Novoselsky and Kathleen M. Krist, of Chicago, for amicus curiae Illinois Trial Lawyers Association.


Appellate court reversed; circuit court affirmed.

JUSTICE WARD delivered the opinion of the court:

The five causes consolidated in this appeal arise from one personal injury action. The plaintiff, James D. Kirk, filed a six-count complaint in the circuit court of Cook County against six defendants, five of whom are involved in this appeal. The defendants moved to dismiss the plaintiff's third amended complaint for...

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