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DeLUNA v. TREISTER

Nos. 83119, 83171.

708 N.E.2d 340 (1999)

185 Ill.2d 565

236 Ill.Dec. 754

Oscar DeLUNA, Adm'r of the Estate of Alicia DeLuna, Deceased, Appellee, v. Dr. Michael TREISTER et al., Appellants.

Supreme Court of Illinois.

February 19, 1999.

Attorney(s) appearing for the Case

Ruth E. VanDemark, Law Offices of Ruth E. VanDemark, Chicago, for Michael Treister.

Michael W. Rathsack, Attorney at Law, Chicago, for Oscar DeLuna.

Stanley L. Tucker, Hartzell, Glidden, Tucker & Hartzell, Carthage, for Amicus Curiae.

Robert Marc Chemers, Pretzel & Stouffer, Chartered, Chicago, for St. Elizabeth's Hospital.

Justice McMORROW delivered the opinion of the court:

In this medical malpractice action, plaintiff Oscar DeLuna, as administrator of the estate of Alicia DeLuna, filed a single-count complaint in the circuit court of Cook County against defendants Michael Treister, M.D., and St. Elizabeth's Hospital. Plaintiff alleged that Dr. Treister negligently caused decedent's death and that St. Elizabeth's, as Dr. Treister's employer, shared vicarious liability for decedent...

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