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HENDRICKS v. VICTORY MEMORIAL HOSP.

No. 2-00-0672.

755 N.E.2d 1013 (2001)

324 Ill. App.3d 564

258 Ill.Dec. 194

Nancy HENDRICKS and Russell Hendricks, Plaintiffs-Appellees, v. VICTORY MEMORIAL HOSPITAL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 7, 2001.

Attorney(s) appearing for the Case

Baker & Enright, Chicago (Ruth V. Enright and Sheni Hajat Djurisic, of counsel), for Victory Memorial Hospital.

Randall F. Peters & Associates, Chicago (Randall F. Peters and William H. Kohaus Jr., of counsel), for Nancy Hendricks and Russell Hendricks.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Victory Memorial Hospital (Victory), sought to dismiss the complaint of plaintiffs, Nancy Hendricks and Russell Hendricks, on the ground that it was the second refiling of the same cause of action and therefore prohibited by section 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 1998)). The trial court denied the motion but certified for appeal the question whether section 13-217 barred...

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