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MOSS v. MILLER

No. 4-92-0788.

625 N.E.2d 1044 (1993)

254 Ill. App.3d 174

192 Ill.Dec. 889

Larry MOSS, Plaintiff-Appellee Cross-Appellant and Separate Appellant, v. Timothy MILLER, Defendant-Appellant Cross-Appellee (Everett Gibbens and Raspal Dalal, Defendants-Separate Appellees).

Appellate Court of Illinois, Fourth District.

December 22, 1993.

Rehearing Denied January 26, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Chicago, Rosalyn B. Kaplan, Sol. Gen., John A. Morrissey, Asst. Atty. Gen., argued, for defendant-appellant cross-appellee.

William C. Zukosky, argued, Urbana, Edward Zukosky, Wenona, for Larry Moss.

Richard E. Stites, Kevin W. Brennan, Livingston, Barger, Brandt & Schroeder, Bloomington, for Raspal Dalal.

Roland W. Burris, Atty. Gen., Chicago, Rosalyn B. Kaplan, Sol. Gen., John A. Morrissey, Asst. Atty. Gen., argued, for Everett Gibbens.

Justice LUND delivered the opinion of the court:

Plaintiff Larry Moss, an inmate of Pontiac Correctional Center (Pontiac), was beaten by other inmates and received medical care from defendant correctional physicians Everett Gibbens and Raspal Dalal, as well as from defendant optometrist Timothy Miller. This medical malpractice action was based upon the failure to refer plaintiff to an ophthalmologist, which allegedly delayed the discovery of an orbital fracture, or...

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