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Prendergast and Quish successfully defended an appeal on behalf of a physician and physician practice group
Jean Prendergast and Clare Quish successfully defended an appeal on behalf of Northwestern Medical Faculty Foundation ("the Foundation") and Dr. Connie Moreland. Ligon v. Northwestern Medical Faculty Foundation, No. 1-07-3443 (Ill. App. Ct. July 16, 2009). The plaintiff had sued the Foundation, Northwestern Memorial Hospital ("the Hospital"), Dr. Moreland and other physicians for injuries allegedly sustained during the birth of plaintiff's child. After the Hospital and its physicians settled, the case proceeded to trial against the Foundation and Dr. Moreland. The jury returned a verdict in favor of the Foundation and its physician, and the plaintiff appealed.
On appeal, the Illinois Appellate Court, First District ruled for the Foundation and Dr. Moreland and affirmed the jury's verdict in an unanimous decision. The appellate court agreed with the Foundation's arguments that Dr. Moreland did not make judicial admissions during her deposition. The court also agreed with the Foundation that the trial court properly allowed certain evidence and properly instructed the jury with sole proximate cause jury instructions. Finally, the appellate court held that because the plaintiff failed to submit a special interrogatory to the jury regarding the issue of proximate cause, plaintiff could not receive a new trial. Ultimately, the court rules that the verdict in favor of the Foundation and Dr. Moreland would stand.
Following the direct appeal, plaintiff filed a petition for leave to appeal to the Illinois Supreme Court. The Illinois Supreme Court denied plaintiff's petition for leave to appeal. The court recently denied the plaintiff's motion asking the court to reconsider the petition.
For a copy of the Rule 23 decision, click here.
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