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BRUCKER v. MERCOLA

No. 1-05-0881.

845 N.E.2d 764 (2006)

363 Ill. App.3d 1016

300 Ill.Dec. 875

Anna Marie BRUCKER and John Brucker, Indiv. and as Parents and Next Friends of Robert Grant Brucker, a Minor, Plaintiffs-Appellants, v. Joseph MERCOLA, Barbara Pierce, and Joseph M. Mercola, D.O., S.C., a Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

March 3, 2006.

Attorney(s) appearing for the Case

Brian Murphy, Hofeld & Schaffner, Chicago, for Plaintiffs-Appellants.

Joan Kubalanza, Deborah O'Brien, Jennifer Lowis, Jenny Blake, Lowis & Gellen, LLP, Chicago, for Defendants-Appellees.

Justice FITZGERALD SMITH delivered the opinion of the court:

Plaintiffs Anna Marie and John Brucker and their son Robert appeal from the trial court's order dismissing count III of their second amended complaint against defendants Dr. Joseph Mercola, his medical practice, and his employee Barbara Pierce. On appeal, plaintiffs contend that count III alleged ordinary negligence and, thus, was not subject to the eight-year statute of repose for minors' medical malpractice...

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