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Hospital Dismissed in Wrongful Death Case Involving Alleged Failure to Search for Weapon of Emergency Room Patient

November 9, 2014

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.

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