Williams v. Ingalls Memorial Hospital
408 Ill. App. 3d 360
| Ill. App. Ct. | 2011Background
- Marsae Williams suffered brachial plexus injury at Ingalls Memorial Hospital during birth in 1998.
- Plaintiffs alleged Dr. Hidvegi, Dr. Daube, and Nurse Yaeger were negligent in Williams I (2003).
- Ingalls was alleged liable for Dr. Hidvegi's conduct as apparent/actual agent and employee; spoliation of fetal monitor strips was claimed.
- February 28, 2007, dismissal of spoliation counts with leave to replead; plaintiffs did not replead those counts.
- March 30, 2007, partial summary judgment on apparent agency against Ingalls; plaintiffs later dismissed remaining claims at trial in Williams I.
- In 2009, Williams II refiled identical claims; defendants moved to dismiss on res judicata grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does abandonment apply to spoliation claims after leave to replead and no repleading prior to dismissal? | Williams I spoliation counts dismissed with leave to replead; no final adjudication. | Dismissal with leave to replead became final via voluntary dismissal; claims abandoned. | Negative; not final; leave to replead prevents res judicata. |
| Does partial summary judgment on apparent agency constitute a final merits adjudication bar to refile against Ingalls and Hidvegi after voluntary dismissal of remainder? | Apparent agency ruling not a final, separable claim; other theories remained. | Partial summary judgment disposed of a separate theory; should bar refiling. | Affirmative as to Ingalls (except actual agency); negative as to Hidvegi and other defendants. |
Key Cases Cited
- Pfaff v. Chrysler Corp., 155 Ill.2d 35 (1992) (abandonment and amendment dynamics in pleadings)
- Jackson v. Victory Memorial Hospital, 387 Ill.App.3d 342 (2008) (dismissal with leave to amend not final for res judicata)
- Kiefer v. Rust-Oleum Corp., 394 Ill.App.3d 485 (2009) (finality where prior dismissal limited to specific theory; refiling barred)
- Piagentini v. Ford Motor Co., 387 Ill.App.3d 887 (2009) (partial summary judgment on some allegations not final if other theories remain)
- Hudson v. City of Chicago, 228 Ill.2d 462 (2008) (res judicata extends to issues that could have been decided; claim-splitting concern)
- DeLuna v. Treister, 185 Ill.2d 565 (1999) (finality depends on who procured dismissal; fairness concerns)
- Leow v. A & B Freight Line, Inc., 175 Ill.2d 176 (1997) (Rule 273 and finality when dismissal precludes merits)
- Downing v. Chicago Transit Authority, 162 Ill.2d 70 (1994) (statute of limitations ruling not determinative of merits for res judicata)
- Rein v. David A. Noyes & Co., 172 Ill.2d 325 (1996) (claim-splitting and exceptions under Restatement guidance)
- Gilbert v. Sycamore Municipal Hospital, 156 Ill.2d 511 (1993) (apparent authority as basis for hospital liability)