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Kamberos v. Schuster

MARCH 30, 1971.

CONSTANCE KAMBEROS, PLAINTIFF-APPELLANT,

v.

PHILIP I. SCHUSTER ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County, the Hon. ALBERT E. HALLETT, Judge, presiding.

MR. PRESIDING JUSTICE LEIGHTON DELIVERED THE OPINION OF THE COURT:

This is the consolidation of two appeals from judgments entered in a suit brought to recover actual and punitive damages for alleged libel and defamation. The issue in both appeals is whether the trial judge erred in granting defendants' motions for summary judgment.

The record discloses that on February 28, 1967, plaintiff Constance Kamberos, was an attorney at law employed by the defendant Allstate Insurance Company. Her supervisor was Philip I. Schuster, one of three individual defendants in the complaint. In his supervisory capacity, Schuster wrote the following memorandum to the plaintiff:

"To: C. Kamberos Office Law Division From Philip I. Schuster Date February 28, 1967 Re: Greenspon v. Evans Our File: 2R 64356

Mr. Croke approached me last Friday with the above captioned file. He informed me that the hearing on plaintiff's petition to advance was held on 2/23/67 and was granted. In reviewing the file, I note that you handled the initial hearing on 2/10/67 but failed to follow through on the 2/23/67 hearing, with the result that the petition was granted and the case transferred to Judge Moran in 1501.

I have heard unfavorable comment from Judge Palmer on your rude and unprofessional conduct during the hearing on this case on February 10.

I want you to do the following immediately:

1. Find out when this cause is set before Judge Moran.

2. Prepare to contest it (There is a New York Case in point — Wolff vs. Lawrence, 233 NYS 2d 555 — find it in the North Eastern Reporter and urge it) and appear and contest it when it's up. You might also consider lack of due process.

3. Advise me by memo no later than 3/7/67 why you failed to appear at the 2/23/67 hearing.

4. If the case is advanced, prepare an Exhibit #13 immediately and refer to Mr. Harrington for assignment to a trial attorney.

Remember at all times to conduct yourself in a courteous and professional manner.

Philip I. ...


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