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DOE v. NOE NO. 1

Nos. 1-96-3791, 1-96-3855.

707 N.E.2d 588 (1998)

303 Ill. App.3d 139

236 Ill.Dec. 461

Jane DOE and John Doe, Plaintiffs-Appellants and Cross-Appellees, v. John NOE NO. 1, as the Ex'r of the Estate of John Noe No. 2, Deceased; Noe No. 3, S.C.; John Noe No. 4, Defendants-Appellees and Cross-Appellants (Noe No. 5, Medical Center; and Noe No. 6, Practice Center, Defendants-Appellees).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied March 8, 1999.

Attorney(s) appearing for the Case

Jeffrey M. Goldberg, Lawrence R. Kream of Jeffrey M. Goldberg & Associates Ltd., Chicago, for Appellants.

Cassiday, Schade & Gloor, Chicago (Rudolf G. Schade, Jennifer A. Keller, Carolyn Quinn, Mark D. Wilson, of counsel), Fedota & Rocca, P.C., Brian C. Rocca, Mark J. Smith, Chicago, for Appellees.

Justice GREIMAN delivered the opinion of the court:

Plaintiffs Jane Doe (Jane) and her husband John Doe (John) filed an 18-count second amended complaint, asserting several causes of action premised on the underlying allegation that Jane had been exposed to the human immunodeficiency virus (HIV) during two gynecological surgeries by John Noe No. 2 (hereinafter Surgeon), i.e., the doctor who performed the surgeries and was HIV positive at the time of the surgeries...

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