APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION
548 N.E.2d 659, 192 Ill. App. 3d 219, 139 Ill. Dec. 274 1989.IL.1937
Appeal from the Circuit Court of Cook County; the Hon. Myron T. Gomberg, Judge, presiding.
JUSTICE LINN delivered the opinion of the court. JOHNSON and McMORROW, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN
Plaintiff, George Piquette, brought a medical malpractice action in the circuit court of Cook County against defendants, Midtown Anesthesia Associates (Midtown); Robert Paulissian, M.D.; and Michael Friedman, M.D. Piquette sought damages arising from the alleged negligence of defendants in performing a surgical procedure. The trial court granted defendants' motions for summary judgment. Piquette now appeals, contending that the trial court erred in granting summary judgment for defendants.
The record shows that on the morning of July 18, 1978, Piquette underwent a laryngoscopy at Illinois Masonic Hospital. Dr. Friedman performed the procedure, and Dr. Paulissian assisted the anesthesiologists. In this surgical procedure, Dr. Friedman then inserted an endotracheal tube down Piquette's throat. Dr. Friedman then inserted a laryngoscope through the tube. This allowed him to view the inside of Piquette's throat, perform a biopsy, and strip Piquette's vocal cords.
After awaking from anesthesia, Piquette was taken to his hospital room. Dr. Friedman visited Piquette and was the first person to whom Piquette spoke after the operation. Piquette noticed that he had difficulty speaking to Friedman. Piquette put his hand to his mouth, and a tooth cap fell into his hand; the cap was broken into two pieces. He was discharged from the hospital that day.
Piquette filed his original complaint on October 22, 1979. He filed his third amended complaint on April 16, 1984. He named as defendants Drs. Friedman and Paulissian, and Midtown. Counts I and II of the nine-count complaint alleged that Midtown was negligent in hiring Dr. Paulissian and two other anesthesiologists involved in the surgery. Counts III and IV alleged that Drs. Paulissian and Friedman negligently struck
The trial court subsequently granted defendants' motion to bar Piquette from presenting any expert testimony at trial. (See 107 Ill. 2d R. 219(c)(iv).) On July 28, 1987, Dr. Paulissian and Midtown filed a motion for summary judgment; Dr. Friedman did likewise on August 18. Dr. Friedman subsequently filed an affidavit essentially stating: he only assisted in the administration of anesthesia to Piquette; it was improbable that the oxygen mask used on Piquette prior to surgery would have damaged the tooth cap; he did not place the mask on Piquette's face; and he met the standard of care in his treatment of Piquette. Piquette filed no evidence rebutting these statements.
On December 22, 1987, the trial court granted summary judgment for Dr. Paulissian and Midtown on all counts addressed to them. However, the trial court granted only a partial summary judgment for Dr. Friedman. The court found that the record did not contain sufficient evidence pertaining to count VI on which to base a summary judgment. Piquette filed a notice of appeal from this order.
Dr. Friedman subsequently filed a motion for summary judgment on count VI. The motion was accompanied by an ...