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RAMIREZ v. SMART CORP.

No. 3-05-0774.

863 N.E.2d 800 (2007)

309 Ill.Dec. 168

Sue RAMIREZ, individually and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. SMART CORPORATION, a California corporation authorized to do business in the State of Illinois, Defendant-Appellee.

Appellate Court of Illinois, Third District.

February 16, 2007.

Attorney(s) appearing for the Case

Martin J. Oberman (argued), Chicago, Daniel P. Cusack, Cusack, Fleming, Gilfillan & O'Day, LLC, Peoria, Miner, Barnhill & Galland, P.C., Chicago, Steven J. Plotkin, Evanston, for Sue Ramirez.

Karen L. Kendall, Stephen J. Heine, Heyl, Royster, Voelker & Allen, Peoria, Alan R. Borlack (argued), David S. Muschler, Bailey, Borlack, Nadelhoffer & Carroll, Chicago, for Smart Corporation.

Justice LYTTON delivered the opinion of the court:

Plaintiff Sue Ramirez obtained copies of her hospital medical records from Smart Corporation, a company that provides record retrieval and copying service. She later filed a four-count complaint against Smart, alleging that the company overcharged hospital patients for such services and requesting class action certification. The trial court granted summary judgment on all four counts and denied certification of the...

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