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VALDOVINOS v. TOMITA

No. 1-08-2401.

914 N.E.2d 221 (2009)

Marta VALDOVINOS, as parent, guardian, and next friend of Daniel Valdovinos, a disabled individual, Plaintiff-Appellant, v. Tadanori TOMITA, M.D., individually and as an employee and agent of Children's Memorial Hospital, an Illinois not-for-profit corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

August 4, 2009.

Attorney(s) appearing for the Case

Holstein Law Offices, LLC, of Chicago (Robert A. Holstein, of counsel; Anthony M. Sciara, Brief Source, of counsel), for Plaintiff-Appellant.

Lowis & Gellen, LLP, of Chicago (Deborah R. O'Brien, Pamela L. Gellen & Scott R Wolfe, of counsel), for Defendants-Appellees.

Justice HOFFMAN delivered the opinion of the court:

The plaintiff, Marta Valdovinos, as parent, guardian, and next friend of Daniel Valdovinos ("Daniel"), appeals from an order of the circuit court dismissing both counts of her fifth amended complaint against the defendants, Dr. Tadanori Tomita and Children's Memorial Hospital ("Children's Memorial"). For the reasons which follow, we reverse the judgment of the circuit court and remand for further proceedings.

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