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VALDOVINOS v. LUNA-MANALAC MEDICAL CENTER

Nos. 1-97-3961, 1-97-3969, 1-97-4337, 1-97-4533 and 1-97-4649.

718 N.E.2d 612 (1999)

307 Ill. App.3d 528

241 Ill.Dec. 41

Marta VALDOVINOS, as parent, guardian, and next friend of Daniel Valdovinos, a disabled minor; and, The Chicago Trust Company, an Illinois Corporation, as guardian of the estate of Daniel Valdovinos, a disabled minor; Plaintiffs-Appellees/Cross-Appellants, v. LUNA-MANALAC MEDICAL CENTER, LTD., d/b/a Antillas Family Health Center, an Illinois Corporation; Julietta Luna Joson, M.D., individually and as an agent and employee of Luna-Manalac Medical Center, Ltd., d/b/a Antillas Family Health Center; and Parke, Davis & Company, a Michigan Corporation, Defendants-Appellants/Cross-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

September 2, 1999.

Attorney(s) appearing for the Case

Edward B. Ruff III, Pretzel & Stouffer, Chicago (Robert Chembers and Scott Howie, of counsel), for Joson, MD & Luna.

Cassiday, Schade & Gloor, Chicago (John Cassiday, Martha Pagliari and Jennifer Keller, of counsel), for Parke, Davis.

Stackler & Holstein, Chicago (Barbara Stackler, Robert Holstein and Thomas Zimmerman, Jr., of counsel), for Appellee.

Justice HOFFMAN delivered the opinion of the court:

This action commenced on June 6, 1991, and was dismissed voluntarily pursuant to section 2-1009 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1009 (West 1996)) on September 26, 1997. The trial court's order dismissing the cause on that date and the proceedings which followed prompted the parties to file some seven notices of appeal and cross-appeal. However, for the reasons which will follow, we

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