Strino v. Premier Healthcare, P.C.

850 N.E.2d 221 (2006)

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Strino v. Premier Healthcare, P.C.

Illinois Appellate Court
850 N.E.2d 221 (2006)

Facts

The son of Maria and Frank Strino (plaintiffs) died when he was 20 months old. The Strinos sued James Lindemulder (defendant), the doctor who delivered their son, alleging negligent care of their son. At Lindemulder’s deposition, Lindemulder testified that Frank had told him in the hospital room that if he used forceps on Maria, Frank would sue him. At trial, Lindemulder testified that Frank had told him in the hospital room that if he used forceps on Maria, Frank would kick his ass. On cross-examination, the Strinos asked Lindemulder if, in the deposition, Lindemulder had mentioned Frank’s statement about kicking his ass. Lindemulder responded that he did not mention that statement in the deposition. At that point, Lindemulder objected to any further questioning on the ground that there was no inconsistency between Lindemulder’s deposition and his trial testimony. The court sustained the objection. The jury returned a verdict for Lindemulder. The Strinos appealed.

Rule of Law

Issue

Holding and Reasoning (McNulty, J.)

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