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WOLF v. BUESER

No. 1-93-4283.

664 N.E.2d 197 (1996)

279 Ill. App.3d 217

215 Ill.Dec. 800

Frank WOLF, Executor of the Estate of Lieselotte Wolf, deceased, Plaintiff-Appellant, v. Rudsen BUESER, M.D., Defendant-Appellee (Ravenswood Health Enterprises, Inc., Field Medical Group, M.G. Ultrasonics, Inc., Edith Petri, Administratrix of the Estate of Oscar J. Rosenzweig, M.D., Dr. Metz, Dr. Green, individually and as agents or employees of Field Medical Group and M.G. Ultrasonics, Inc., and Associated Radiologists, Ltd., Defendants).

Appellate Court of Illinois, First District, Third Division.

March 29, 1996.

Attorney(s) appearing for the Case

Goldberg & Goldberg, Chicago (Barth H. Goldberg, of counsel), David A. Novoselsky & Assoc., Chicago (David A. Novoselsky, of counsel), for Appellant.

Williams & Montgomery, Ltd., Chicago (Lloyd E. Williams, Jr., Perry W. Hoag, of counsel), for Appellee.

Justice CERDA delivered the opinion of the court:

Plaintiff, Frank Wolf, executor of the estate of Lieselotte Wolf (Mrs. Wolf), appeals from the dismissal of counts VI through VIII and XIV through XVI alleging the failure of Rudsen Bueser, M.D., to diagnose Mrs. Wolf's breast cancer, pursuant to section 2-619(a)(5) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(5) (West 1992)). Plaintiff argues that the trial court erred in dismissing the complaint as being filed...

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