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SMEILIS v. LIPKIS

No. 1-10-3385.

967 N.E.2d 892 (2012)

359 Ill. Dec. 862

Kathleen SMEILIS and Willard Smeilis, Plaintiffs-Appellants, v. Evan LIPKIS and Evan Lipkis, M.D., S.C., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

March 23, 2012.

Attorney(s) appearing for the Case

William F. Martin , Philip Davidson , Hilfman & Martin, P.C., Chicago, for Appellants.

James K. Horstman , Melissa H. Dakich , Cray Huber Horstman Heil & VanAusdal LLC, Chicago, for Appellees.

OPINION

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

¶ 1 The circuit court applied judicial estoppel to the plaintiffs' claims in a refiled medical negligence complaint and dismissed the complaint with prejudice. In the original complaint filed in 2001, the plaintiffs, Kathleen Smeilis and Willis Smeilis, wife and husband, alleged that Kathleen developed a progressive neurological condition while she was a patient at Glenbrook Hospital...

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