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HOBART v. SHIN

No. 84667.

705 N.E.2d 907 (1998)

185 Ill.2d 283

235 Ill.Dec. 724

Mildred HOBART, Indiv. and as Special Adm'r of the Estate of Kathryn Hobart, Deceased, Appellee, v. Daniel C. SHIN, M.D., Appellant.

Supreme Court of Illinois.

Rehearing Denied February 1, 1999.

Attorney(s) appearing for the Case

Kevin V. Boyle, Swanson, Martin & Bell, Chicago, for Daniel C. Shin.

David A. Novoselsky, David A. Novoselsky & Associates, Goldberg & Goldberg, Chicago, for Mildred A. Hobart.

Jennifer L. Sachs, Michael L. Shakman, Miller, Shakman, Hamilton, Kurtzon & Schlifke, Chicago, for Amici Curiae Illinois Psychiatric Society, Alliance for the Mentally Ill and Illinois State Medical Society.

Justice HEIPLE delivered the opinion of the court:

The primary question presented by this appeal is whether a decedent's contributory negligence may be raised as a defense in a wrongful death suit brought against a physician whose patient commits suicide while under mental health treatment. The answer is yes.

FACTUAL AND PROCEDURAL HISTORY

Mildred Hobart filed this case in the circuit court of Cook County...

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