ESKRIDGE v. COOK COUNTY

No. 08-2980.

577 F.3d 806 (2009)

Lanell ESKRIDGE and Margaret Eskridge, individually and as Special Administrators of the Estate of Michelle R. Eskridge, deceased, Plaintiffs-Appellants, v. COOK COUNTY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 2009.


Attorney(s) appearing for the Case

Timothy R. Tyler (argued), Tyler & Porter, Chicago, IL, for Plaintiffs-Appellants.

Anita Alvarez, Mary M. Burke (argued), Office of the Cook County States Attorney, Chicago, IL, for Defendant-Appellee.

Before EVANS, WILLIAMS, and TINDER, Circuit Judges.


TINDER, Circuit Judge.

After their daughter tragically died of pneumonia, Lanell and Margaret Eskridge sued two Chicago health care facilities for medical malpractice. The case developed into multiple actions in both Illinois and federal court, and, amid the procedural complexity, the Eskridges' counsel made a critical error. In the federal district court, counsel obtained a voluntary dismissal order that effectively precluded the Eskridges from pursuing their lawsuit...

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