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FULTZ v. PEART

No. 5-84-0434.

144 Ill. App.3d 364 (1986)

494 N.E.2d 212

EUGENE FULTZ, Plaintiff-Appellee, v. KENNETH A. PEART et al., Defendants-Appellants (SIMC, Inc., d/b/a Marco Pharmacy, Defendant).

Appellate Court of Illinois — Fifth District.

Opinion filed June 9, 1986.

Attorney(s) appearing for the Case

Donald V. Ferrell, of Jelliffe, Ferrell & Morris, of Harrisburg, and Eric W. Springer and Linda Haddad, both of Horty, Springer & Mattern, P.C., of Pittsburg, Pennsylvania, for appellants Kenneth A. Peart and Southern Illinois Clinic, Ltd.

Dennis E. Rose, of Donovan, Hatch & Constance, P.C., of Belleville, for appellant SIMC, Inc.

George C. Lackey, of Lackey, Warner & Sauer, P.C., of Centralia, and Gerald L. Montroy and Charlene E. Novick, both of Carr, Korein, Kunin, Schlichter & Brennan, of East St. Louis, for appellee.

Affirmed and remanded.

JUSTICE KARNS delivered the opinion of the court:

Plaintiff, Eugene Fultz, brought suit in the circuit court of Jefferson County alleging that defendant, SIMC, Inc., doing business as Marco Pharmacy (Pharmacy), was negligent in filling his prescription with the wrong medication, that defendant Dr. Kenneth A. Peart and defendant Southern Illinois Clinic, Ltd. (Clinic), were negligent in providing medical treatment and that defendants...

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