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ANDERSON v. INTENGAN

No. 1-88-1723.

191 Ill. App.3d 1001 (1989)

548 N.E.2d 479

JEFFREY ANDERSON, SR., Conservator of the Estate of Earnest Earl Anderson, an Incompetent, Plaintiff-Appellant, v. HAMILCARS INTENGAN, Defendant-Appellee (St. Bernard Hospital et al., Defendants).

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 30, 1989.

Attorney(s) appearing for the Case

Stephen I. Lane, of Lane & Munday, of Chicago, for appellant.

Pamela L. Gellen and Susan Marzec Hannigan, both of Johnson, Cusack & Bell, Ltd., of Chicago (Thomas H. Fegan, of counsel), for appellee.

Reversed and remanded.

JUSTICE McMORROW delivered the opinion of the court:

The conservator of the estate of Earnest Earl Anderson (Anderson) appeals from the trial court's dismissal of his medical malpractice claim against Hamilcars Intengan, M.D. (Intengan), on the ground that Anderson failed to exercise reasonable diligence in serving Intengan with summons pursuant to Illinois Supreme Court Rule 103(b) (107 Ill.2d R. 103(b)). Upon review, we conclude that...

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