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DITSWORTH v. KANKAKEE TERRACE PARTNERSHIP

No. 3-97-1014.

699 N.E.2d 200 (1998)

298 Ill. App.3d 544

232 Ill.Dec. 753

Richard DITSWORTH, as Special Administrator of the Estate of Wayne Ditsworth, Deceased, Plaintiff-Appellee, v. KANKAKEE TERRACE PARTNERSHIP, d/b/a Kankakee Terrace, Morris Esformes, Arnold Gassel, Bernard Cohen, and Man Lee, M.D., Defendants-Appellants.

Appellate Court of Illinois, Third District.

August 12, 1998.

Attorney(s) appearing for the Case

Laura Lally, J. Scott Myers (argued), O'Connor, Schiff & Myers, Chicago, for Bernard Cohen, Morris Esformes, Arnold Gassel and Kankakee Terrace Partnership.

Martha Swatek, Connelly & Schroeder, Geneva, for Man Lee, M.D.

Mary Ellen Cagney (argued), Levin & Perconti, Chicago, for Richard Ditsworth.

Justice LYTTON delivered the opinion of the court:

The plaintiff filed a complaint seeking treble damages for violations of the Nursing Home Care Act (Act) (210 ILCS 45/3-602 (West 1994)). The defendants moved to dismiss this count because the legislature had repealed the treble damages provisions before the complaint was filed. The trial court denied the motion and certified a question to this court regarding the retroactive...

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