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03/28/96 ANNA CLYMORE v. LEONARD HAYDEN

March 28, 1996

ANNA CLYMORE, PLAINTIFF-APPELLANT,
v.
LEONARD HAYDEN, M.D., INDIVIDUALLY AND AS AGENT OF BLESSING HOSPITAL AND BLESSING HOSPITAL, DEFENDANTS-APPELLEES.



Appeal from Circuit Court of Adams County. No. 93L52. Honorable Mark A. Schuering, Judge Presiding.

As Corrected April 2, 1996. Petition for Rehearing Denied May 3, 1996. Released for Publication May 3, 1996. As Corrected August 26, 1996.

Justices: Honorable Robert J. Steigmann, J., Honorable Rita B. Garman, J., Honorable James A. Knecht, J., Concurring

The opinion of the court was delivered by: Steigmann

The Honorable Justice STEIGMANN delivered the opinion of the court:

In April 1993, plaintiff, Anna Clymore, sued defendants, Leonard Hayden, M.D. (Hayden), and Blessing Hospital (Blessing), for medical malpractice. In July 1995, the trial court granted defendants' motions for sanctions by dismissing the complaint with prejudice pursuant to Supreme Court Rule 219 (134 Ill. 2d R. 219).

Plaintiff appeals, arguing that the trial court erred by imposing the sanction of dismissal.

We affirm.

I. BACKGROUND

In order to understand the context of this case when the trial court conducted the July 1995 hearing on defendants' motion for sanctions, a recitation of significant events in chronological order is required, as follows:

April 30, 1993 Plaintiff's counsel files a medical malprac-

tice complaint, accompanied by an affidavit

stating he had been unable to obtain a con-

sultation with a health care professional, as

required by section 2-622 of the Code of

Civil Procedure (735 ILCS 5/2-622 (West

1992)). (The affidavit extends for 90 days

the filing period for the required health

professional's report (health report).) 735

ILCS 5/2-622(2) (West 1992). Plaintiff fails

to file the health report within 90 days.

August 16, 1993 Hayden files a motion to dismiss because of

plaintiff's failure to file a timely health

report.

September 1, 1993 Blessing files a motion to dismiss because of

plaintiff's failure to file a timely health

report.

September 13, 1993 The trial court conducts a hearing, grants

plaintiff an extension (to September 27,

1993) to file a health report, and continues

the hearing on defendants' motions to dis-

miss.

September 23, 1993 Plaintiff files an amended complaint contain-

ing an inadequate health report.

September 28, 1993 Plaintiff files a motion for leave to file an

amended complaint and an amended health re-

port.

October 4, 1993 The trial court grants plaintiff leave to

file a second-amended complaint and an amend-

ed health report within 10 days and continues

the hearing on defendants' motions to dismiss

to November 1, 1993.

October 14, 1993 Plaintiff files a second-amended complaint

and an amended health report, which asserts a

cause of action against both Blessing and

Hayden. Plaintiff also requests that the

November 1 hearing on the motions ...


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