DeLuna v. Treister
Illinois Supreme Court
708 N.E.2d 340 (1999)
- Written by Jody Stuart, JD
Facts
The administrator of the estate of decedent Alicia DeLuna (plaintiff) brought a medical-malpractice action in circuit court against Dr. Michael Treister (defendant). DeLuna also asserted that St. Elizabeth’s Hospital (the hospital) (defendant), Treister’s employer, was vicariously liable. DeLuna then failed to file a statutorily required affidavit. Consequently, the hospital moved to dismiss DeLuna’s claim against it, and the circuit court dismissed the case against the hospital without prejudice. The circuit court dismissed the case against Treister on the same grounds, with prejudice. Subsequently, DeLuna refiled the medical-malpractice claim in circuit court against Treister and the hospital. The allegations in the second complaint were virtually identical to those in the original complaint. The circuit court ruled that the doctrine of res judicata barred DeLuna’s claim against Treister and granted Treister’s motion to dismiss. The circuit court also ruled that Treister’s dismissal required the dismissal of DeLuna’s vicarious-liability action against the hospital because the hospital’s liability arose solely from its employment of Treister. DeLuna appealed.
Rule of Law
Issue
Holding and Reasoning (McMorrow, J.)
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