Applebaum v. Rush University Medical Center

State: Illinois

Docket No: 105905 Rel

Case Date: 11/20/2008

Preview:Docket No. 105905.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

MICHAEL APPLEBAUM, Special Adm'r of the Estate of Joseph Applebaum, Deceased, Appellant, v. RUSH UNIVERSITY MEDICAL CENTER et al., Appellees. Opinion filed November 20, 2008.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Justices Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion. Chief Justice Fitzgerald took no part in the decision.

OPINION The circuit court of Cook County certified the following question of law for interlocutory appeal, pursuant to Supreme Court Rule 308(a) (155 Ill. 2d R. 308(a)): "Whether the nullity rule should be applied in a wrongful death action where the plaintiff is an attorney who has passed the bar and was on inactive status at the time of the filing of the complaint, was the special administrator, sole benficiary and son of the decedent and prior to the hearing on the motion whose license was reinstated."

The appellate court answered this question in the affirmative. 376 Ill. App. 3d 993. We granted leave to appeal (210 Ill. 2d R. 315). For the reasons that follow, we answer the certified question in the negative. Accordingly, we reverse the judgment of the appellate court and remand this cause to the circuit court for further proceedings consistent with this opinion. BACKGROUND This interlocutory appeal has its genesis in a medical malpractice complaint filed on December 1, 2005, in the circuit court of Cook County. Plaintiff, Michael Applebaum, filed suit as special administrator of the estate of Joseph Applebaum, against Rush University Medical Center and other defendants,1 seeking damages for the estate pursuant to the Wrongful Death Act (740 ILCS 180/0.01 et seq. (West 2004)) and the Survival Act (755 ILCS 5/27

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