A Kane County Judge dismissed, with prejudice, a claim of negligence against our hospital client. Johnson & Bell Shareholder, Sammi L. Renken, represented the hospital. The case was originally brought in 2008 in Federal Court and plaintiff took a voluntary dismissal as to the hospital and then re-filed their case in 2011 in the Circuit Court of Kane County. Defendant filed Affirmative Defenses of contributory negligence which plaintiff failed to timely answer – for more than three years. On the eve of trial, the defense filed a Motion to Deem the Affirmative Defenses Admitted. The motion was granted. Using this momentum, the defense then added a Motion for Judgment on the Pleadings – seeking dismissal of the case which was argued during Motions in Limine. The Judge ruled in favor of defense’s motion and dismissed the case with prejudice.
Hospital Dismissed in Wrongful Death Case Involving Alleged Failure to Search for Weapon of Emergency Room Patient
November 9, 2014
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Chicago, Firm News, General Negligence, Health Care, Indiana, Johnson & Bell, Municipal Liability, Retail