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TOTH v. JENSEN

No. 1-93-4100.

649 N.E.2d 484 (1995)

272 Ill.App.3d 382

208 Ill.Dec. 428

Cheryl TOTH, Mother and Next Friend of Melissa Toth, a Minor, Plaintiff-Appellee, v. Richard L. JENSEN, Olympia Fields Osteopathic Medical Center, and Mary D. Marcus, Defendants (Randall C. Monroe, Contemnor-Appellant).

Appellate Court of Illinois, First District, 2nd Division.

April 11, 1995.

Attorney(s) appearing for the Case

Robert Marc Chemers, Pretzel & Stouffer, Chartered, Chicago (Daniel G. Wills, of counsel), for appellant.

Dan Karlin, Ltd. and Fischel & Kahn, Ltd., Chicago (Dan Karlin, David W. Inlander and Angela M. Kalamaras, of counsel), for appellee.

Terrence J. Lavin, Terrence J. Lavin & Assoc., P.C., Chicago, amicus curiae of IL Trial Lawyers Assoc.

Saul J. Morse, Robert John Kane, Illinois State Medical Society, Springfield, amicus curiae of IL State Medical Society.

Justice DiVITO delivered the opinion of the court:

This appeal is from a contempt judgment against attorney Randall C. Monroe who, in reliance on the privilege provided by the Medical Studies Act (Ill.Rev.Stat.1989, ch. 110, par. 8-2101 et seq. (now 735 ILCS 5/8-2101 et seq. (West 1992))), refused to produce documents subpoenaed in a medical malpractice action. Because we find the documents were protected by the privilege, we reverse the circuit court...

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