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MIZELL v. PASSO

Docket No. 69766.

590 N.E.2d 449 (1992)

147 Ill.2d 420

168 Ill.Dec. 812

Dennis R. MIZELL, Appellant, v. Thomas C. PASSO, M.D., Appellee.

Supreme Court of Illinois.

March 19, 1992.

Attorney(s) appearing for the Case

James A. Martinkus, Erwin, Martinkus, Cole & Ansel, Champaign, for appellant.

Richard F. Record, Jr., and Richard C. Hayden, Craig & Craig, Mattoon, Todd M. Tennant, and Mark D. Henss, Dobbins, Fraker, Tennant, Joy & Perlstein, Champaign, for appellee.

Justice CUNNINGHAM delivered the opinion of the court:

On May 27, 1988, plaintiff, Dennis R. Mizell, filed a healing art malpractice action in the circuit court of Vermilion County against defendant, Thomas C. Passo, M.D. Attached to the complaint was an affidavit of plaintiff's attorney stating that plaintiff had been unable to obtain the written report of a reviewing health professional as required by section 2-622(a)(1) of the Code of Civil Procedure (the Code...

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