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SMITH v. MENET

No. 2-88-0029.

175 Ill. App.3d 714 (1988)

530 N.E.2d 277

VIOLA SMITH, as Special Adm'r of the Estate of William Smith, Deceased, Plaintiff-Appellee, v. PAUL MENET et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed October 21, 1988.

Attorney(s) appearing for the Case

John W. Duncker, of O'Reilly, Cunningham, Duncan & Norton, of Wheaton (William F. Cunningham, of counsel), for appellants.

Carl F. Schroeder, of Carl F. Schroeder, Ltd., of Wheaton, and David A. Novoselsky & Associates, of Chicago (David A. Novoselsky, of counsel), for appellee.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

This is a medical malpractice action brought by plaintiff, William Smith, against defendants, Paul Menet and Glen Ellyn Clinic. A jury returned a verdict in favor of plaintiff and assessed damages at $630,000, which amount was reduced by 33% for comparative negligence to $422,100. Defendants timely appealed. We reverse.

It appears from the record that plaintiff died on March...

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