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TOSADO v. MILLER

Nos. 1-96-0771, 1-96-4075.

688 N.E.2d 774 (1997)

293 Ill. App.3d 544

228 Ill.Dec. 76

Linnette Concepcion TOSADO, Plaintiff-Appellee, v. A. MILLER, R. Kopolovic, M. Cohen, R. Barnett, and T. Padilla, Defendants-Appellants. Gail PHIPPS, Indiv. and as Special Adm. of the Estate of Futon Phipps, a Minor, Deceased, Plaintiff-Appellee, v. LINCOLN MEDICAL CENTER, LTD., K. Naidoo, and County of Cook, d/b/a Cook County Hospital, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

December 2, 1997.

Attorney(s) appearing for the Case

Jack O'Malley, State's Attorney of Cook County, Chicago (Patricia Shymanski, Richard A. Stevens, Judy Mondello Wick, Mary Margaret Burke and Sara Dillery Hynes, of counsel), for Defendants-Appellants.

William A. Hertzberg & Associates, Chicago, for Plaintiff-Appellee.

Justice RAKOWSKI delivered the opinion of the court:

Plaintiffs filed separate complaints against Cook County Hospital and its doctors for medical malpractice. Defendants moved to dismiss the complaints on the basis that the complaints were filed after the expiration of the one-year limitations period of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/8-101 (West 1996)). Following the Fifth District Appellate Court...

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