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12/29/89 Kelly Lynn Cisarik, A v. Palos Community Hospital

December 29, 1989

KELLY LYNN CISARIK, A MINOR, BY NANCY CISARIK, HER MOTHER AND NEXT FRIEND, ET AL., PLAINTIFFS

v.

PALOS COMMUNITY HOSPITAL ET AL., DEFENDANTS (ANN HERBERT, CONTEMNOR-APPELLANT)



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

549 N.E.2d 840, 193 Ill. App. 3d 41, 140 Ill. Dec. 189 1989.IL.2063

Appeal from the Circuit Court of Cook County; the Hon. Dean J. Sodaro, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE BILANDIC delivered the opinion of the court. DiVITO and HARTMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BILANDIC

Plaintiff, Kelly Lynn Cisarik, a minor, by her mother and next friend, brought this action for damages alleging that defendants were negligent in providing certain medical services. On October 13, 1987, the attorneys for one of the defendants wrote to counsel for plaintiff:

"If you are planning to use a 'day in the life' movie at trial I would ask your agreement on certain points:

-- Since I consider such movies to be akin to tests I would ask for notice when the movie is being made;

-- I would ask that the opposing attorneys have the option to have an observer present;

-- I would ask, at my expense, for a copy of all film shot.

If you disagree with these points, please advise and we can take the matter up with Judge Foreman on November 2, 1987."

On December 8, 1987, counsel for the plaintiff responded:

"I am planning to take a 'day in the life' film of my client and do not agree with your perspective and I do not intend to permit you or any Defendant to be present at the filming of said film. I suggest you take whatever action in that regard that you wish. You will be given a copy of the film at your expense as requested."

Thereafter, defendant moved for an order in accordance with its request. After a hearing, the trial court entered an order allowing all defendants to be present during the filming of a "day in the life" movie of Kelly. The order also provided that: (1) defendants were to be given notice of the making of the film; (2) the film was to be ...


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