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WALTON v. DIRKES

No. 1-08-0461.

903 N.E.2d 18 (2009)

Leah WALTON, Administrator of the Estate of Trevor P. Walton, Deceased, Plaintiff-Appellant, v. Richard V. DIRKES, M.D., Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied February 25, 2009.

Attorney(s) appearing for the Case

Law Office of John F. Klebba, P.C., of Chicago, (John F. Klebba, of Counsel); and Law Office of Steven A. Denny, P.C., of Chicago, (Steven A. Denny, Trial Counsel), for Appellant.

Hinshaw & Culbertson, LLP, of Chicago, (Stephen R. Swofford, Kevin Joseph Burke, and Christine Olson McTigue, of Counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

The question in this medical malpractice case is whether the plaintiff presented enough evidence to establish a causal connection between the defendant doctor's negligent failure to order a certain blood test and the death of Trevor Walton. The jury thought so, but the trial judge entered a judgment notwithstanding the jury's verdict. We reverse the trial judge's decision and remand this cause for a hearing on any...

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