KASS v. RESURRECTION MEDICAL CENTER

No. 1-99-1297.

738 N.E.2d 158 (2000)

316 Ill.App.3d 1108

250 Ill.Dec. 194

Kathy KASS, individually and as mother and next friend of Kelly Kass, a minor, Plaintiff-Appellee, v. RESURRECTION MEDICAL CENTER, a corporation, Defendant (Elio Vento, M.D., and Ewa Zaburda, M.D., Defendants-Appellants).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied November 1, 2000.


Attorney(s) appearing for the Case

Robert Marc Chemers, Alan J. Schumacher and Scott L. Howie, Pretzel & Stouffer, Chartered, Chicago, for Appellant Elio Vento, M.D.

Lord Bissell & Brook, Chicago (William C. Anderson, III, Diane I. Jennings and Ann K. Ford, of counsel), for Appellant Ewa Zaburda, M.D.

A. Denison Weaver and Michael J. Laird, Chicago, for Appellee.


Justice WOLFSON delivered the opinion of the court:

There is one issue in this case: Did the trial court abuse its discretion when it found a defense lawyer's remark during closing argument was so improper it entitled the plaintiff to a new trial? We conclude the answer is yes. We reverse. FACTS

On May 16, 1991, Kathy Kass (Kass) visited her obstetrician, Dr. Elio Vento, and received confirmation that she was pregnant. On October 4, 1991, Kass underwent...

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