MARTIS v. PEKIN MEMORIAL HOSP. INC.

No. 3-08-0543.

917 N.E.2d 598 (2009)

334 Ill.Dec. 772

Richard MARTIS, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant, v. PEKIN MEMORIAL HOSPITAL INC., a Not-For-Profit Corporation d/b/a Pekin Hospital and Progressive Health Systems; Peoria-Tazewell Pathology Group S.C.; Elizabeth Alenghat; Elizabeth A. Bauer-Marsh; Allan C. Campbell; Ronald Champagne; William Eby; David J. Flanders; Donald L. Frederick; Jon F. Gentry; Kathryn O. Kramer; Karen F. McCarron; Douglas J. McGrady; Joe Musselman; Devendra V. Trivedi; Thomas A. Webb; and John Does 1 through 20, Being Former Partners of Peoria-Tazewell Pathology Group not presently known to Plaintiff; and Data Management, Inc., Defendants-Appellees.

Appellate Court of Illinois, Third District.

October 20, 2009.


Attorney(s) appearing for the Case

Donald K. Birner (argued), Pekin, IL, for Appellant.

Jack Bierig(argued), Eric S. Mattson, Sidley Austin LLP, Chicago, IL, Thomas Ging, Joshua G. Vincent, Douglas A. Marshall, Garth C.K. Madison, Hinshaw & Culbertson LLP, Peoria, IL, for Appellee.


Justice LYTTON delivered the opinion of the court:

Plaintiff, Richard Martis, filed a complaint against defendants, Pekin Memorial Hospital, Data Management, Inc., and Peoria-Tazewell Pathology Group and its individual shareholders. Defendants filed motions to dismiss, which the trial court granted. We affirm.

In October 2004, plaintiff's physician instructed plaintiff to undergo laboratory testing at Pekin Memorial Hospital. Plaintiff did not have medical...

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