CHURKEY v. RUSTIA

No. 2-01-0241.

768 N.E.2d 842 (2002)

329 Ill. App.3d 239

263 Ill.Dec. 761

Laurie R. CHURKEY and Elroy G. Churkey, Plaintiffs-Appellants, v. G.A. RUSTIA and Sherman Hospital, Defendants-Appellees.

Appellate Court of Illinois, Second District.

April 26, 2002.


Attorney(s) appearing for the Case

Jerome A. Vinkler, Law Offices of Jerome A. Vinkler, Ltd., Clarendon Hills, for Elroy G. Churkey and Laurie R. Churkey.

Richard A. Barrett, Jr., Donald F. Ivansek, Brian A. Schroeder, Cassiday, Schade & Gloor, Chicago, for G.A. Rustia M.D. and Sherman Hospital.


Justice BOWMAN delivered the opinion of the court:

Plaintiffs, Laurie and Elroy Churkey, appeal from an order of the circuit court of Kane County granting summary judgment in favor of defendant Sherman Hospital (hospital) on the ground that plaintiffs failed to establish a genuine issue of material fact as to whether codefendant G.A. Rustia, M.D. (Dr. Rustia), was the hospital's apparent agent. The trial court concluded that there was no just reason to delay the enforcement...

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