O'Casek v. Children's Home and Aid Society of Illinois

State: Illinois

Docket No: 105050 Rel

Case Date: 06/19/2008

Preview:Docket No. 105050.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

MARJORIE O'CASEK, Special Administrator of the Estate of Carla Thompson, Deceased, Appellee, v. CHILDREN'S HOME AND AID SOCIETY OF ILLINOIS (OSF St. Joseph Medical Center et al., Appellants). Opinion filed June 19, 2008.

JUSTICE FITZGERALD delivered the judgment of the court, with opinion. Justices Freeman, Kilbride, and Burke concurred in the judgment and opinion. Justice Karmeier dissented, with opinion, joined by Chief Justice Thomas and Justice Garman.

OPINION Defendants, OSF Healthcare Systems (OSF), Richard D. Castillo, M.D., and Susan G. Emmerson, M.D., appeal from a judgment of the appellate court reversing the dismissal of plaintiff's medical malpractice action. At issue is whether plaintiff, Marjorie O'Casek, special administrator of the estate of Carla Thompson, deceased, was entitled to a 90-day extension in which to file a certificate of merit, in support of her malpractice action, as required by section 2

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