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ESTATE OF COOPER v. HUMANA HEALTH PLAN

No. 1-02-0797.

789 N.E.2d 361 (2003)

338 Ill. App.3d 845

273 Ill.Dec. 461

ESTATE OF Mary COOPER, Deceased, by Janet ANDERSON, Special Administrator, Plaintiff-Appellant, v. HUMANA HEALTH PLAN, INC., a corporation, Robert Alter, M.D., West Suburban Hospital Medical Center, a corporation, and Roy Horras, M.D., Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied March 12, 2003.

Attorney(s) appearing for the Case

Ronald S. Fishman, Fishman & Fishman, Ltd., Chicago, for Appellant.

David E. Neumeister; April R. Walkup, Querrey & Harrow, Ltd., Chicago, for Humana and Alter.

Cassiday Schade & Gloor, Chicago (John N. Seibel, Donald F. Ivansek, Brian A. Schroeder, of counsel), for West Suburban and Horras.

Presiding Justice SOUTH delivered the opinion of the court:

This appeal arises from a refiled wrongful death action by Janet Anderson, the special administrator of Mary Cooper's (decedent) estate. The original complaint, filed on July 17, 1997, was a wrongful death action against Humana Health Plans, Inc. (Humana), Dr. Robert Alter, West Suburban Hospital Medical Center (West Suburban) and Dr. Roy Horras. The complaint alleged that on February 28, 1995, Dr. Alter...

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