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MILLER v. GUPTA

No. 5-94-0647.

656 N.E.2d 461 (1995)

275 Ill.App.3d 539

212 Ill.Dec. 138

Cindy MILLER, Plaintiff-Appellant, v. Dr. Narendra K. GUPTA and St. Mary's Hospital, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied November 8, 1995.

Attorney(s) appearing for the Case

Thomas Q. Keefe, Jr., P.C., Belleville, for Appellant.

Daniel R. Price, Jennifer W. Price, Wham & Wham, Centralia, for St. Mary's Hospital.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, Roy L. Carnine, Jerome E. McDonald, Campbell, Black, Carnine & Hedin, P.C., Mt. Vernon, for Dr. Narendra K. Gupta.

Presiding Justice MAAG delivered the opinion of the court:

Plaintiff, Cindy Miller, appeals from a Marion County circuit court order dismissing all four counts of her amended complaint with prejudice.

In her original complaint, plaintiff alleged medical malpractice and negligent and/or intentional spoilation of evidence against defendant, Dr. Narendra K. Gupta. She claimed that he was responsible for the destruction of X rays necessary for her to prevail on...

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