TIPTON BY STEVENS v. ESTATE OF CUSICK

No. 1-93-1076.

651 N.E.2d 635 (1995)

272 Ill. App.3d 226

209 Ill.Dec. 457

Joel TIPTON, by his Mother and Next Friend, Maureen STEVENS, Plaintiff-Appellant, v. ESTATE OF William S. CUSICK, M.D., Winfield Pharmacy, and Robert Borger, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

May 31, 1995.


Attorney(s) appearing for the Case

Robert A. Holstein, C. Corey S. Berman, Holstein Mack & Klein, Chicago, for appellant.

Clausen Miller Gorman Caffrey & Witous, Chicago (James T. Ferrini, John M. Hynes, Sonia V. Odarczenko, Heather L. Huthwaite, Melinda S. Kollross, of counsel), for appellee (Estate of William Cusick).

O'Connor Schiff & Myers, Chicago (Loretta M. Griffin, Kerry L. Garvis, of counsel), for appellees (Winfield Pharmacy and Robert Borger).


Justice RIZZI delivered the opinion of the court:

This is an appeal from an interlocutory order transferring this action to DuPage County, Illinois. Plaintiff, Joel Tipton, a resident of Cook County, was prescribed the drug Desoxyn for approximately a decade by defendant William Cusick M.D.1 During this time, defendant Cusick would telephone in the prescriptions to defendant Robert Borger, a registered pharmacist employed by defendant...

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