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WIEDENBECK v. SEARLE

No. 1-07-2986.

895 N.E.2d 1067 (2008)

Richard WIEDENBECK, Individually and as Special Administrator of the Estate of Cheryl Anderson-Wiedenbeck, deceased, Plaintiffs-Appellants, v. Howard SEARLE, M.D., Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied October 31, 2008.

Attorney(s) appearing for the Case

Patricia C. Bobb, Patricia C. Bobb & Associates, Chicago, IL; John Elliott Leighton, Leesfield Leighton & Partners, P.A., Miami, FL; Lynn D. Dowd, Law Offices of Lynn D. Dowd, Naperville, IL, for Appellants.

Anderson, Rasor & Partners, LLP, Chicago, IL, (Mary Ellen Busch and Diane I. Jennings, of Counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

The only question in this medical malpractice case is whether the evidence of record demonstrates a genuine issue of material fact: was Dr. Howard Searle's breach of the applicable standard of care a proximate cause of Cheryl Anderson-Wiedenbeck's injuries and subsequent death? Granting Dr. Searle's motion for summary judgment, the trial court found there was insufficient evidence of proximate cause to take the case...

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