WILLIAMS v. INGALLS MEMORIAL HOSP.

No. 1-10-0334.

944 N.E.2d 421 (2011)

Marsae WILLIAMS, a Minor, by Jenel BEATON, His Mother and Next Friend, and Jenel Beaton, Individually, Plaintiffs-Appellees, v. INGALLS MEMORIAL HOSPITAL, Imre Hidvegi, Stephen Daube, and Theresa Yaeger, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

February 17, 2011.


Attorney(s) appearing for the Case

Barker & Castro, LLC, Chicago, IL ( Krista R. Frick , Anne S. Kuban ) and Chuhak & Tecson, P.C. ( Dennis Ferraro , Alan B. Ronson ), for appellants.

Paul B. Episcope, LLC, Chicago, IL ( Michael T. Mullen , Richard J. Schroeder ), for appellees.


OPINION

Justice PUCINSKI delivered the judgment of the court, with opinion.

In this appeal, we answer two certified questions and determine: (1) whether plaintiffs abandoned their spoliation claims for purposes of res judicata where those claims are dismissed with leave to replead but the claims are never replead prior to plaintiff's voluntary dismissal of the entire cause of action; and (2) whether a grant of summary judgment in favor of the hospital...

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