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SMITH v. MERCY HOSP. AND MEDICAL CENTER

No. 1-88-3476.

560 N.E.2d 1164 (1990)

203 Ill. App.3d 465

148 Ill.Dec. 567

Larry SMITH and Yolanda Smith, Individually and as Special Administrator for the Estate of Christopher Duane Smith, Deceased, Plaintiffs-Appellants, v. MERCY HOSPITAL AND MEDICAL CENTER, An Illinois Not-For-Profit Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

September 18, 1990.

Attorney(s) appearing for the Case

Rivkin, Radler, Dunne & Bayh, Chicago (Alan E. Case, David M. Zinder, of counsel), for plaintiffs-appellants.

Peterson, Ross, Schloerb & Seidel, Chicago (J. Jonathan Regunberg, Kathleen A. Brosnan, of counsel), for defendant-appellee.

Justice SCARIANO delivered the opinion of the court:

As a result of injuries sustained en ventre sa mere, Christopher Duane Smith (Christopher) was delivered stillborn on June 6, 1983. On June 3, 1985, his parents, plaintiffs Larry and Yolanda Smith, filed a complaint pursuant to the provisions of the Wrongful Death Act (or Act) (Ill.Rev.Stat. 1989, ch. 70, par. 1 et seq.) against Mercy Hospital and Medical Center (defendant) alleging that its negligent...

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