ESTATE OF CASSARA v. STATE OF ILL.

No. 93 C 5076.

843 F.Supp. 411 (1994)

The ESTATE OF Frank Bernard CASSARA, by its special administrator, Michael J. CASSARA, Plaintiff, v. STATE OF ILLINOIS, Abdul Basit, individually, and as Facility Director; Judith Cast, individually and as an employee of the Defendant, State of Illinois; Paul Jackson, individually and as an employee of the Defendant, State of Illinois; Emma Turner, individually and as an employee of Defendant, State of Illinois; and Other Unknown Employees, individually and as employees of Defendant, State of Illinois, Defendants.

United States District Court, N.D. Illinois, E.D.

February 2, 1994.


Attorney(s) appearing for the Case

Mark A. Sikora, Rittenberg & Buffen, Ltd., Chicago, IL, for Frank Bernard Cassara.

Kathleen Kreisel Flahaven, Daniel P. Fitzgerald, Illinois Atty. General's Office, Chicago, IL, for State of Illinois and Abdul Basit.

Harry B. Bainbridge, Bainbridge Law Offices, Flossmoor, IL, for Judith Cast.

Royal B. Martin, Jr., William Gibbs Sullivan, Martin, Brown, Sullivan & Bowman, Ltd., Chicago, IL, for Paul Jackson, Emma Turner and Other Unknown Employees.


OPINION AND ORDER

NORGLE, District Judge:

Before the court is defendant Abdul Basit's ("Basit")1 motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). For reasons stated below, the motion is granted.

FACTS

On February 19, 1993, after requesting the assistance of emergency medical care, Frank Bernard Cassara ("Cassara") was transported to Christ Community Hospital in Oaklawn, Illinois. Cassara complained...

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