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MILLER v. GUPTA

No. 80273.

672 N.E.2d 1229 (1996)

174 Ill.2d 120

220 Ill.Dec. 217

Cindy MILLER, Appellee, v. Dr. Narendra K. GUPTA et al. (Dr. Narendra K. Gupta, Appellant).

Supreme Court of Illinois.

October 24, 1996.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, Peoria (Karen L. Kendall, of counsel), and Campbell, Black, Carnine & Hedin, P.C., Mt. Vernon (Roy L. Carnine and Jerome E. McDonald, of counsel), for appellant.

Thomas Q. Keefe, Jr., Belleville, for appellee.

Justice HEIPLE delivered the opinion of the court:

Plaintiff, Cindy Miller, filed an action in the circuit court of Marion County against Dr. Narendra K. Gupta alleging in two counts medical malpractice and spoliation of evidence.1 The trial court dismissed Miller's first-amended complaint in its entirety with prejudice. The appellate court reversed, finding that the trial court abused its discretion in dismissing the medical malpractice...

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