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08/24/87 Rosalie M. Owens, Guardian v. Manor Health Care

August 24, 1987




APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

ROSALIE M. OWENS, Guardian of the Estate of Clifton Owens,

a Disabled Person, Plaintiff-Appellant, v. MANOR HEALTH CARE CORPORATION, d/b/a Americana Health Care

Center, Defendant-Appellee

512 N.E.2d 820, 159 Ill. App. 3d 684, 111 Ill. Dec. 431 1987.IL.1231

Appeal from the Circuit Court of Champaign County; the Hon. Creed D. Tucker, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

The plaintiff brought suit against defendant, a nursing home, alleging failure to provide adequate supervision and care. On January 22, 1987, plaintiff's complaint was dismissed with prejudice for failure to comply with section 2-622 of the Code of Civil Procedure. Ill. Rev. Stat. 1985, ch. 110, par. 2-622(a)(1).

On appeal, the plaintiff maintains that the trial court erred in holding defendant nursing home within the "healing art malpractice" provision, section 2 -- 622 is constitutional, and the complaint was not in substantial compliance with section 2 -- 622.

We reverse and remand.

On October 10, 1985, plaintiff, Rosalie M. Owens, guardian of Clifton Owens, filed a complaint in the circuit court of Champaign County, Illinois, against defendant, Manor Health Care Corp., d/b/a Americana Health Care Center. Plaintiff alleged that on October 21, 1983, Clifton Owens was injured due to the negligence of the defendant. The injury occurred when Owens, a resident of the defendant's facility who was negligently restrained in his wheelchair, attempted to remove himself from his chair. Owens suffered a broken hip and other injuries as a result of the incident.

Attached to the complaint was an affidavit of the plaintiff's attorney stating that he had consulted with the health-care professional who determined plaintiff had "a reasonable and meritorious" cause of action. The affidavit further stated it was not to be "construed as an admission that this case is subject to the provisions of Public Act 84 -- 7."

On December 13, 1985, the defendant filed a motion to dismiss alleging failure to comply with section 2-622 of the Illinois Code of Civil Procedure. (Ill. Rev. Stat. 1985, ch. 110, par. 2-622.) Specifically, the defendant asserted that plaintiff failed to attach the written report of the health professional to the complaint, thereby ...


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