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FOSLER v. MIDWEST CARE CENTER II, INC.

No. 2-08-1005.

928 N.E.2d 1 (2010)

398 Ill. App.3d 563

Marie FOSLER, by Janice Saxton, Attorney-in-Fact, Plaintiff-Appellee, v. MIDWEST CARE CENTER II, INC., d/b/a Fair Oaks Rehabilitation and Health Care Center, Brenna Kolk, and Tonya Nielsen, Defendants-Appellants (The People of the State of Illinois, Intervenor).

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing March 1, 2010.

Attorney(s) appearing for the Case

C. Thomas Hendrix, Michael R. Webber, Kominiarek, Bresler, Harvick & Gudmundson, LLC, Chicago, IL, for Brenna Kolk C.N.A., Midwest Care Center II, Inc. and Tonya Nielsen C.N.A.

Steven M. Levin, Eric J. Wittmer, Levin & Perconti, Chicago, IL, for Marie Fosler and Janice Saxton Attorney-In-Fact.

Lisa Madigan, Attorney General, State of Illinois, Michael A. Scodro, Solicitor General, Brian F. Barov, Assistant Attorney General, Chicago, IL, for People of the State of Illinois.

Modified Upon Denial of Rehearing

Modified Upon Denial of Rehearing

Justice BURKE delivered the opinion of the court:

Plaintiff, Marie Fosler, filed a complaint against defendants, Midwest Care Center II, Inc., d/b/a Fair Oaks Rehabilitation and Health Care Center, Brenna Kolk, and Tonya Nielsen, for relief under the Nursing Home Care Act (210 ILCS 45/1-101 et seq. (West 2006)) and for negligence. Plaintiff alleges wrongful injuries suffered...

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