Radwill v. Manor Care of Westmont, IL, LLC
986 N.E.2d 765
Ill. App. Ct.2013Background
- Radwill sued Manor Care of Westmont, alleging three counts after Richard Radwill’s death under nursing-home care.
- Counts I–II were dismissed as time-barred under 735 ILCS 5/13-212(a); plaintiff appealed and the dismissal was affirmed in Radwill I.
- Count III, titled Breach of Contract, alleged medical-care failures and that the defendant breached a care agreement (not a written contract plaintiff has).
- The trial court dismissed count III as time-barred under 13-212(a); issue on appeal is whether law-of-the-case bars relitigation.
- Court holds law-of-the-case applies to count III as it involves medical malpractice and 13-212(a); exceptions to law-of-the-case do not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the law-of-the-case doctrine bar count III under 13-212(a)? | Radwill I controls; count III is medical-care based and within 13-212(a). | Same: count III falls under 13-212(a) as to time-bar. | Yes; law-of-the-case applies and count III is time-barred. |
| Are any exceptions to the law-of-the-case doctrine applicable here? | Possible palpably erroneous exception should apply. | No applicable exception. | No exception applies; dismissal affirmed. |
Key Cases Cited
- Radwill I, 2012 IL App (2d) 110752-U, 2012 IL App (2d) 110752-U (Ill. App. (2d) 2012) (law-of-the-case on 13-212(a) coverage of early counts)
- Brucker v. Mercola, 227 Ill. 2d 502 (2007) (13-212(a) coverage extended to nonlisted health entities)
- Thornton v. Shah, 333 Ill. App. 3d 1011 (2002) (HMOs may be liable under 13-212(a) for medical care)