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DOE v. DILLING

No. 1-04-2372.

861 N.E.2d 1052 (2006)

308 Ill.Dec. 487

Jane DOE, Plaintiff-Appellee and Cross-Appellant, v. Elizabeth DILLING, Individually, and as Executor of the Estate of Kirkpatrick Dilling, Deceased, Defendants-Appellants and Cross-Appellees (Dilling and Dilling, Defendant).

Appellate Court of Illinois, First District, Sixth Division.

December 22, 2006.

Attorney(s) appearing for the Case

David A. Novoselsky, Leslie J. Rosen, Novoselsky Law Offices, Chicago, for Appellant/Cross-Appellee.

C. Barry Montgomery, Alyssa Campbell, Williams, Montgomery & John, Ltd. and Hall Adams III, Law Offices of Hall Adams LLC, Chicago, for Appellee/Cross Appellant.

Ann Hilton Fisher, AIDS Legal Council of Chicago and Christopher C. Dickinson, David W. Austin, Jenner & Block LLP, Chicago, Amicus Curiae of AIDS Legal Council of Chicago.

Justice JOSEPH GORDON delivered the opinion of the court:

Plaintiff Jane Doe contracted HIV from her fiancé, Albert Dilling (Albert). Three weeks after Doe tested positive for HIV, Albert died of AIDS. Doe sued Albert's estate and his elderly parents, Elizabeth (Betty) and Kirkpatrick (Kirk), alleging that Albert, Betty and Kirk had misrepresented Albert's condition to her, which caused her to become infected with HIV.1 It was soon...

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