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HAMIL v. VIDAL

No. 5-84-0715.

140 Ill. App.3d 201 (1985)

488 N.E.2d 1024

ROY LEE HAMIL, Plaintiff-Appellant, v. DR. DAVID VIDAL et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Supplemental opinion filed on denial of rehearing February 14, 1986.

Attorney(s) appearing for the Case

Leonard M. Ring & Associates, of Chicago (Leonard M. Ring, Barry R. Chafetz, and Leslie J. Rosen, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Jill Wine-Banks, Solicitor General, and Candida Miranda, Assistant Attorney General, of Chicago, of counsel), for appellee State of Illinois.

Freeark, Harvey & Mendillo, of Belleville (James R. Mendillo and Ray H. Freeark, Jr., of counsel), for appellee J.L. Beguelin.

Order affirmed.

JUSTICE KARNS delivered the opinion of the court:

The sole issue on appeal is whether the statute of limitations in a medical malpractice case should be tolled by the incarceration of the victim of the alleged malpractice. It must be noted that, because the trial court dismissed the plaintiff's action at the pleadings stage, the facts as stated in the pleadings have been taken as true for purposes...

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