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CARUSO v. PINE MANOR NURSING CENTER

No. 1-88-0759.

182 Ill. App.3d 879 (1989)

538 N.E.2d 722

IRENE CARUSO, Special Adm'x of the Estate of Phillip Caruso, Deceased, Plaintiff-Appellee, v. PINE MANOR NURSING CENTER, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed April 28, 1989.

Attorney(s) appearing for the Case

Williams & Montgomery, Ltd., of Chicago (James K. Horstman, Barry L. Kroll, Thomas H. Neucranz, and Lloyd E. Williams, Jr., of counsel), for appellant.

Donald A. Shapiro and Kristin M. Boyer, both of Donald A. Shapiro, Ltd., of Chicago, for appellee.

Todd A. Smith, of Corboy & Demetrio, of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Steven M. Levin and Lynn Worley, both of Steven M. Levin & Associates, of Chicago, for amicus curiae Illinois Citizens for Better Care.

Reversed and remanded.

PRESIDING JUSTICE MURRAY delivered the opinion of the court:

Defendant Pine Manor Nursing Center (Pine Manor) appeals from a jury verdict awarding $65,000 in damages to plaintiff Irene Caruso (Caruso), special administratrix of the estate of Phillip Caruso, deceased, which was increased to $195,000 by the trial court (three times her actual damages) pursuant to section 3-602 of the Nursing Home Care Reform Act of 1979 (Ill. Rev. Stat...

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