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KUNKEL v. WALTON

No. 81176.

689 N.E.2d 1047 (1997)

179 Ill.2d 519

228 Ill.Dec. 626

Sandra S. KUNKEL, et al., Appellees, v. Laurel A. WALTON, D.O., et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied February 2, 1998.

Attorney(s) appearing for the Case

Robert Marc Chemers, Daniel G. Wills, Pretzel & Stouffer, Chartered, Chicago, Hughes & Hill, Decatur, for Defendants-Appellants.

Jim Ryan, Atty. Gen., Civil Appeals Div., Chicago, Laura, M. Wunder, Asst. Atty. Gen. — Civil Appeals, Chicago, for Defendants-Appellants.

Robert M. Owen, Decatur, for Sandra S. Kunkel.

Robert M. Dow, Jr., Mayer, Brown & Platt, Chicago, for Illinois Civil Justice League.

Saul J. Morse, Springfield, Calvin Sawyer, Chicago, for Illinois State Medical Soc.

Mark S. Killion, Stratton, Stone & Kopec, Springfield, for Illinois Mfrs. Ass'n.

Thaddeus J. Nodzenski, Illinois Hosp. & Health Systems Assn., Naperville, for Illinois Hosp. & Healthsystems and Metropolitan Chicago Healthcare Council.

Michael Resis, Querrey & Harrow, Ltd., Chicago, James P. DeNardo, McKenna, Storer, Rowe, White and Farrug, Chicago, for Illinois Ass'n of Defense Trial Counsel.

Justice NICKELS delivered the opinion of the court:

In this appeal, we consider the constitutionality of section 2-1003(a) of the Code of Civil Procedure (735 ILCS 5/2-1003(a) (West 1994)) as amended by the Civil Justice Reform Amendments of 1995 (Pub. Act 89-7, eff. March 9, 1995). As described in more detail later, section 2-1003(a) provides that any party who alleges a claim for bodily injury or disease shall be deemed to waive any privilege of confidentiality...

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