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11/22/88 Patsy Burright Scoggin, As v. Rochelle Community

November 22, 1988

CLAYTON BURRIGHT, A MINOR, PLAINTIFF-APPELLANT

v.

ROCHELLE COMMUNITY HOSPITAL, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

PATSY BURRIGHT SCOGGIN, as Mother and Next Friend of

531 N.E.2d 393, 176 Ill. App. 3d 648, 126 Ill. Dec. 98 1988.IL.1689

Appeal from the Circuit Court of Ogle County; the Hon. F. Lawrence Lenz, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE LINDBERG delivered the opinion of the court. DUNN and WOODWARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINDBERG

Plaintiff, Patsy Burright Scoggin (Patsy), as mother and next friend of Clayton Burright (Clayton), appeals from a judgment of the circuit court of Ogle County entered on a jury verdict in favor of defendant, Rochelle Community Hospital. The parties have raised nine issues on appeal.

Defendant raises two of those issues. Defendant argues that (1) "the failure by the Appellant to set forth in his [ sic ] argument the pages in the record upon which he [ sic ] relies operates as a waiver and warrants dismissal of the appeal" and (2) "a second post trial motion filed [by plaintiff] more than thirty days after return of a jury verdict" should have been denied by the trial court. Plaintiff raises the other seven issues. Plaintiff argues that (1) "the verdict of the jury was against the manifest weight of the evidence." Plaintiff also argues that the trial court erred in (2) "failing to find that defendant was negligent as a matter of law," (3) "allowing defendant's expert witnesses to offer opinions based on speculation and conjecture," (4) "allowing warnings from the Physician's Desk Reference to be read into evidence," (5) "allowing each side to present the testimony of six expert witnesses," (6) "refusing to allow plaintiff to call Dr. Komisky [as] an expert witness," and (7) "refusing to allow the plaintiff to testify to the results of medical tests requested by the defendant." We affirm.

Our resolution of the issues on appeal makes a detailed recitation of the facts unnecessary. It is sufficient to note that Clayton was born on January 5, 1976, at about 3:10 a.m. at defendant hospital. He remained in defendant's nursery until 7:15 a.m. on January 7, 1976, when he was transferred to Rockford Memorial Hospital, which had a high risk neonatal care unit, primarily because of seizures Clayton was having. At the time of trial in 1987, the evidence showed that Clayton was mentally retarded and required a great deal of care because of that and other problems. He would be totally dependent on others to care for him for the rest of his life.

At trial, plaintiff presented evidence that defendant had failed to meet its standard of care with respect to Clayton and that this had caused, at least in part, Clayton's condition at the time of trial. Defendant presented evidence that the hospital had met its standard of care and that nothing the hospital did or failed to do had caused Clayton's condition. The jury's verdict was in favor of defendant.

We consider first defendant's contentions that several of the arguments made by plaintiff violate Supreme Court Rule 341(e)(7) by failing to adequately cite to the record or to authority. (107 Ill. 2d R. 341(e)(7).) Although we decline defendant's requests that we dismiss this appeal or strike points I through V of plaintiff's brief, there is a great deal of merit in defendant's contentions in this regard.

Supreme Court Rule 341(e)(7) requires that the appellant's brief contain a part named:

"Argument, which shall contain the contentions of the appellant and the reasons therefor, with citation of the authorities and the pages of the record relied on." (Emphasis added.) (107 Ill. 2d R. 341(e)(7).)

It is well settled that the failure to cite authority in support of an argument waives the issue. (E.g., In re Marriage of Wade (1987), 158 Ill. App. 3d 255, 270, 511 N.E.2d 156, 167; In re Marriage of Anderson (1985), 130 Ill. App. 3d 684, 688-89, 474 N.E.2d 911, 914.) It is also well settled that the failure to cite to the pages of the record relied upon waives the issue argued. (E.g., Webb v. Angell (1987), 155 Ill. App. 3d 848, 854, 508 N.E.2d 508, 513-14; Mielke v. Condell Memorial Hospital (1984), 124 Ill. App. 3d 42, 48-49, 463 ...


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