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WATSON v. SOUTH SHORE REHABILITATION CENTER

No. 1-10-3730.

965 N.E.2d 1200 (2012)

358 Ill. Dec. 721

Ernestine WATSON, as Independent Administrator of the Estate of William Sloan, Deceased, Plaintiff-Appellant, v. SOUTH SHORE NURSING AND REHABILITATION CENTER, LLC, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

February 10, 2012.

Attorney(s) appearing for the Case

Albert E. Durkin , Joseph J. Miroballi , Lauren A. Levin , Jessica R. Durkin , Miroballi, Durkin & Rudin, LLC, Chicago, for Appellant.

Joseph P. Kincaid , Catherine Basque Weiler , Megan E. Schneider , Swanson, Martin & Bell, LLP, Chicago, for Appellee.

OPINION

Justice JOSEPH GORDON delivered the judgment of the court, with opinion.

¶ 1 This case is a survival and wrongful death action arising out of the death of William Sloan, a patient at a nursing home operated by defendant-appellee South Shore Nursing and Rehabilitation Center, LLC, and defendant Care Centers, Inc. It is undisputed that, on July 24, 2004, while Mr. Sloan was unsupervised inside the facility, he attempted to smoke a cigarette and...

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