Appellate Court of Illinois

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Thornton v. Garcini, 3-07-0326

Denial of defendant's motion for a judgment notwithstanding the verdict and request for setoff is affirmed in a claim for wrongful death, survival and negligent infliction of emotional distress in relation to the death of plaintiff's son during child birth is affirmed where: 1) Illinois law does not require expert testimony to prove claims of negligent infliction of emotional distress; 2) the defendant has waived for appeal his argument regarding the single-recovery rule and the verdict against him in a second trial; and 3) defendant's request for a setoff was properly denied since the settlement agreement specifically provided that plaintiff was not settling her claims and could pursue other claims further and defendant made no showing as to what portion the settlement award is allocable to plaintiff's emotional distress claim.

Appellate Information

  • Decided 05/16/2008
  • Published 06/04/2008


  • Justice CARTER delivered the opinion of the court:


  • Appellate Court of Illinois


  • For Appellant:
  • Robert R. Gorbold, Pamela Gorcowski (argued), Dykema Gossett PLLC, Joliet, for Francisco J. Garcini., John M. Spesia (argued), E. Kent Ayers, Mark A. Lichtenwalter, Spesia, Ayers & Ardaugh, Joliet, for Toni Thornton.

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