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NEADE v. ENGEL

No. 2-95-0625.

662 N.E.2d 118 (1996)

277 Ill. App.3d 1004

214 Ill.Dec. 764

Therese NEADE, as Independent Adm'r of the Estate of Anthony Robert Neade, Deceased, Plaintiff-Appellant, v. Thomas ENGEL, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied March 26, 1996.

Attorney(s) appearing for the Case

Robert J. Hauser, Sullivan, Smith, Hauser & Noonan, Ltd., Waukegan, for Therese Neade, Administrator.

Steven L. Larson, Linda E. Spring, Wildman, Harrold, Allen & Dixon, Waukegan, for Thomas Engel, MD.

Justice COLWELL delivered the opinion of the court:

Plaintiff, Therese Neade, as administrator of the estate of Anthony Robert Neade, appeals the dismissal of her medical malpractice complaint against defendant, Dr. Thomas Engel. The trial court dismissed the complaint pursuant to section 2-619(a)(5) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(5) (West 1994)) because it was filed more than two years after the decedent's death. Plaintiff raises three issues...

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