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MCCORRY v. EVANGELICAL HOSPITALS CORP.

No. 1-01-1227.

771 N.E.2d 1067 (2002)

331 Ill. App.3d 668

265 Ill.Dec. 108

Richard McCORRY and Barbara McCorry, Plaintiffs-Appellants, v. EVANGELICAL HOSPITALS CORPORATION, f/k/a Christ Hospital and Medical Center, Defendant-Appellee and (Thomas Hurley, Defendant).

Appellate Court of Illinois, First District, First Division.

June 3, 2002.

Attorney(s) appearing for the Case

Ambrose & Cushing, P.C., Chicago (John C. Ambrose, F. John Cushing III, Thomas M. Cushing, Marilyn Martin, of counsel), for Appellant.

Cassiday, Schade & Gloor, Chicago (Rudolf G. Schade, Kyle R. Burkhardt, Donald F. Evansek, of counsel), for Appellee.

Justice McNULTY delivered the opinion of the court:

After surgery left Richard McCorry paralyzed, he and his wife, Barbara McCorry, sued the surgeon, Dr. Thomas Hurley, and Christ Hospital, where Hurley performed the surgery. Plaintiffs asserted that the hospital had respondeat superior liability for Hurley's alleged medical malpractice. The court held that no evidence showed that Hurley acted as the hospital's actual or apparent agent, and therefore the court...

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