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BERLIN v. SARAH BUSH LINCOLN HEALTH CTR.

No. 4-95-0569.

664 N.E.2d 337 (1996)

279 Ill. App.3d 447

215 Ill.Dec. 940

Richard B. BERLIN, Jr., M.D., Plaintiff-Appellee, v. SARAH BUSH LINCOLN HEALTH CENTER, an Illinois Not-for-Profit Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided April 12, 1996.

Attorney(s) appearing for the Case

Michael Duffy, argued, Adele Waller, Afoma M. Mpi, Gardner, Carton & Douglas, Chicago, Henry E. Kramer, William A. Sunderman, Brainard, Bower & Kramer, Charleston, for Sarah Bush Lincoln Health Center.

D. Cameron Dobbins, argued, Dobbins, Fraker, Tennant, Joy & Perlstein, Champaign, for Richard B. Berlin Jr., M.D.

Joseph T. Butz, Jerry P. Clousson, Clousson & Butz, Chicago, for McLean Area Medical Association

Thaddeus J. Nodzenski, Mark D. Deaton, Illinois Hospital & HealthSystems Assoc., Naperville, Michael R. Callahan, Katten, Muchin & Zavis, Chicago, for Illinois Hospital & HealthSystems Assoc., Metropolitan Chicago Healthcare Council.

Saul J. Morse, Robert John Kane, Illinois State Medical Society, Springfield, Michael Ile, American Medical Association, Chicago, for DuPage County Medical Society, Illinois State Medical Society.

Justice STEIGMANN delivered the opinion of the court:

In January 1995, plaintiff, Richard B. Berlin, Jr., M.D., filed a complaint for declaratory judgment and a motion for summary judgment in which he sought to have a restrictive covenant contained in a general surgery employment agreement with the defendant, Sarah Bush Lincoln Health Center (Health Center), declared unenforceable. The Health Center filed a cross-motion for summary judgment. In June 1995, the trial...

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