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THORNTON v. GARCINI

No. 3-04-0725.

846 N.E.2d 989 (2006)

364 Ill. App.3d 612

301 Ill.Dec. 386

Toni THORNTON, Individually and as Special Administrator of the Estate of Jason Anthony Ebner, Deceased, Plaintiff-Appellant, v. Francisco J. GARCINI, Defendant-Appellee.

Appellate Court of Illinois, Third District.

April 6, 2006.

Attorney(s) appearing for the Case

John M. Spesia and E. Kent Ayers (argued), Mark A. Lichtenwalter, Spesia, Ayers & Ardaugh, Joliet, for Toni Thornton.

Robert R. Gorbold and Pamela Davis Gorcowski (argued), Dykema, Gossett, Rooks, Pitts, PLLC, Joliet, for Francisco J. Garcini M.D.

Justice O'BRIEN delivered the opinion of the court:

Following a jury trial, defendant Francisco Garcini, M.D., was found not liable for wrongful death, and intentional infliction of emotional distress in an action brought by plaintiff Toni Thornton in connection with the death at birth of her baby, Jason Ebner. Thornton appeals from the trial court's order entering judgment in favor of Garcini. We reverse the trial court and remand the cause for a new trial.

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