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JACKSON BY JACKSON v. MICHAEL REESE HOSP. AND MEDICAL CENTER

No. 1-96-2395.

689 N.E.2d 205 (1997)

294 Ill. App.3d 1

228 Ill.Dec. 333

Michael JACKSON, a Minor, by his Mother and Next Friend, Jeanne JACKSON, and Jeanne Jackson, Individually, Plaintiffs-Appellants, v. MICHAEL REESE HOSPITAL AND MEDICAL CENTER, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied January 16, 1998.

Attorney(s) appearing for the Case

Goldberg & Goldberg, Chicago (David A. Novoselsky, Linda A. Bryceland, David A. Novoselsky & Associates, of counsel), for Plaintiffs-Appellants.

Lord, Bissell & Brook, Chicago (Hugh C. Griffin, Diane I. Jennings, Michael E. Prangle, of counsel), for Defendant-Appellee.

Justice O'MARA FROSSARD delivered the opinion of the court:

This case is on appeal from a motion to dismiss plaintiffs Michael Jackson (a minor) and Jeanne Jackson's (his mother) complaint against defendant Michael Reese Hospital and Medical Center for failure to state a cause of action for negligent spoliation of evidence.

This appeal presents a question of first impression regarding whether a plaintiff in an action for negligent spoliation of evidence arising...

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