Appellate Court of Illinois

Summary judgment in favor of defendants in a claim that defendant provided negligent obstetric care to plaintiff's wife which resulted in birth defects is reversed and remanded where: 1) judicial estoppel does not apply to legal conclusions brought in allegations made previously that the defendant was an agent or apparent agent of the hospital with which they settled; and 2) the trial court erred in granting summary judgment since there is a factual dispute on an issue material to the privity element of res judicata.

Appellate Information

• Decided 06/07/2007
• Published 06/07/2007

Judges

• Justice O'MALLEY delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Terrence K. Hegarty, Timothy W. Heath, Hegarty & Heath, Chicago, for Michael McNamee, Molly McNamee., Linda E. Spring, Swanson, Martin & Bell, LLP, Libertyville, for Associates for Women's Health., Marc F. Benjoya, Brian A. Schroeder, Tami J. Reding, Cassiday Schade LLP, Libertyville, for Richard Sandore.