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RODGERS v. ST. MARY'S HOSPITAL

No. 4-89-0721.

198 Ill. App.3d 871 (1990)

556 N.E.2d 913

KALAN D. RODGERS, SR., Adm'r of the Estate of Brenda Marie Rodgers, Deceased, Plaintiff-Appellant, v. ST. MARY'S HOSPITAL OF DECATUR, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied July 27, 1990.

Attorney(s) appearing for the Case

Robert M. Owen, of Popkin, Stern & Owen, of Decatur, and Charles H. Fendell, of Popkin & Stern, of St. Louis, Missouri, for appellant.

Graham & Graham, of Springfield (Richard J. Wilderson, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

The plaintiff, Kalan D. Rodgers, Sr. (Rodgers), appeals the dismissal with prejudice of his amended complaint directed to defendant St. Mary's Hospital (St. Mary's), in which he requested damages on the basis of St. Mary's alleged failure to preserve X rays relevant to a medical malpractice suit. The principal issues which we must resolve in this appeal are whether there is...

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