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McDONNELL v. McPARTLIN

No. 87309.

736 N.E.2d 1074 (2000)

192 Ill.2d 505

249 Ill.Dec. 636

Moira McDONNELL, Ex'r of the Estate of John G. McDonnell, Deceased, Appellant, v. Richard F. McPARTLIN III, M.D., et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied October 2, 2000.

Attorney(s) appearing for the Case

Corboy & Demetrio, P.C., of Chicago (Philip H. Corboy, Thomas A. Demetrio, Barry R. Chafetz and Kenneth T. Lumb, of counsel), for appellant.

Cunningham, Meyer & Vedrine, of Wheaton (William F. Cunningham, of counsel), for appellees Richard F. McPartlin III and Richard F. McPartlin III, Ltd.

Hinshaw & Culbertson, of Chicago (E. Michael Kelly, Stephen R. Swofford and Christine L. Olson, of counsel), for appellees Thomas Mullen, Jr., and Du Page Emergency Physicians, Ltd.

Justice BILANDIC delivered the opinion of the court:

The principal issue in this appeal is whether a defendant in a medical negligence case who asserts that a nonparty physician's conduct was the sole proximate cause of the plaintiff's injury (the so-called "empty chair" defense) must demonstrate that the nonparty physician's conduct was professionally negligent, as well as the sole proximate cause of the plaintiff's injury, in order for the jury to be instructed...

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