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MONTI v. SILVER CROSS HOSP.

No. 3-93-0260.

637 N.E.2d 427 (1994)

262 Ill.App.3d 503

201 Ill.Dec. 838

Rosemarie MONTI and Donald Monti, Plaintiffs-Appellants, v. SILVER CROSS HOSPITAL, Dr. Nabil Yamout, Dr. Bakulk Padya, Dr. Leonard Rutkowski, Dr. D. Mikolajczak, Fischer Mangold Emergency Physicians, Herschel Fischer and Carl Mangold, individually and as partners d/b/a The Fischer Mangold Group, Defendants-Appellees.

Appellate Court of Illinois, Third District.

As Modified July 11, 1994.

Attorney(s) appearing for the Case

Dave Clark (argued), Munday & Nathan, Chicago, for Rosemarie Monti, Donald Monti.

Gary S. Mueller (argued), McKeown Fitzgerald Zollner Buck Hutchison & Ruttle, Theodore J. Jarz (argued), McKeown Law Office, Joliet, for Silver Cross Hosp.

Abbey Fishman, Cole, Grasso, Fencl & Skinner, Chicago, for D. Mikolajczak, Fischer Mangold Emergency, Herschel Fischer, Karl Mangold.

John M. Stalmack, Bollinger, Ruberry & Garvey, Chicago, for Nabil Yamout, Leonard Rutkowski.

Robert B. Austin, Lord, Bissell & Brook, Chicago, for Bakulk Padya.

MODIFIED

Justice LYTTON delivered the opinion of the court:

Plaintiffs Rosemarie Monti and Donald Monti appeal from summary judgment entered in the circuit court of Will County in favor of defendant Silver Cross Hospital in a medical malpractice action arising out of its allegedly negligent emergency treatment of Rosemarie. We hold that material issues of fact exist concerning the apparent agency relationship between the physicians and the hospital which...

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