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HARRIS TRUST & SAV. BANK v. ABRAHAM-ZWIRN

No. 1-99-1176.

731 N.E.2d 410 (2000)

314 Ill. App.3d 527

246 Ill.Dec. 882

HARRIS TRUST & SAVINGS BANK, guardian of the estate of John Peter Sartori, a minor, and Nancy and Mark Sartori, individually and as parents of John Peter Sartori, Plaintiffs-Appellants, v. Marilyn ABRAHAM-ZWIRN, D.O., and Kimberly Carmignani, R.N., individually and as agents, servants and employees of Loyola University of Chicago, an Illinois not-for-profit corporation, d/b/a Loyola University Medical Center and Foster G. McGaw Hospital, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

June 7, 2000.

Attorney(s) appearing for the Case

William J. Harte, Ltd., Stride, Craddock & Stride, Chicago (William J. Harte, Herbert F. Stride, Joan M. Mannix and Vickie Voukidis Blum, of counsel), for Appellants.

Lord, Bissel & Brook, Chicago (Patricia J. Foltz, Marilee Clausing and Diane I. Jennings, of counsel), for Appellees.

Justice WOLFSON delivered the opinion of the court:

In this case the jury was asked to determine how and why a child became severely brain damaged and profoundly mentally retarded. The trial was long and the evidence conflicting. At the end, the jury found the child's estate and his parents did not prove their case against the doctor, nurse, and hospital charged with negligently causing the injuries. The plaintiffs now...

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