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Glasco v. Marony

April 20, 2004

[5] COLEEN R. GLASCO, PLAINTIFF-APPELLANT,
v.
GEORGE MARONY AND JOSEPH GOODGE, DEFENDANTS-APPELLEES.



[6] Appeal from the Circuit Court of Jackson County. No. 01-LM-320 Honorable William G. Schwartz, Judge, presiding.

[7] The opinion of the court was delivered by: Justice Welch

[8]  The plaintiff, Coleen R. Glasco, filed her complaint against the defendants, George Marony and Joseph Goodge, and alleged that the defendants had violated the AIDS Confidentiality Act (the Act) (410 ILCS 305/1 et seq. (West 2000)). The defendants served their request for admissions on the plaintiff, and the plaintiff did not deny or object to the requests within the rule's time limit (134 Ill. 2d R. 216). The circuit court denied the plaintiff's motion to file late answers to the defendants' request for admissions and granted the defendants' motion for a summary judgment. For the reasons that follow, we affirm the ruling of the trial court.

[9]  On September 13, 2001, the plaintiff filed her complaint against the defendants and alleged that they had wrongfully disclosed her confidential HIV report in violation of the Act. The plaintiff alleged that the defendant Goodge, a lab employee of Memorial Hospital of Carbondale, had accessed the plaintiff's confidential HIV report and provided a copy of the report to the defendant Marony and that the defendant Marony had released the plaintiff's HIV test results to five additional persons. The plaintiff sought damages of $5,000 for each intentional or reckless disclosure, in addition to attorney fees. See 410 ILCS 305/13 (West 2000).

[10]   On February 1, 2002, the defendants filed their request for admissions, along with their certificate of service, indicating that they had mailed the request to the plaintiff's attorney on January 28, 2002. The defendants requested that the plaintiff admit the following facts:

[11]  
1. The plaintiff requested that Marti Burrows perform an HIV test on the plaintiff without the knowledge or without an order of any physician at Memorial Hospital of Carbondale, Illinois.
[12]  
2. The plaintiff did not request that the test be performed by any physician.
[13]  
3. No physician ordered the HIV test performed on the plaintiff.
[14]  
4. The plaintiff obtained a negative HIV test result from the hospital laboratory.
[15]  
5. The plaintiff changed the negative test result of her HIV test to reflect a positive test result.
[16]  
6. The plaintiff or the plaintiff's husband mailed the altered HIV test result to Dr. Guillen.
[17]  
7. The plaintiff had not requested that the HIV test be performed anonymously by using a coded system that does not link individual identity with the request or the result.
[18]  
8. George Marony was an employee of Memorial Hospital of Carbondale on October 28, 1999.
[19]  
9. Joseph Goodge was an employee of Memorial Hospital of Carbondale on October 28, 1999.
[20]  
10. The plaintiff, while employed at Memorial Hospital of Carbondale, on October 28, 1999, was ...

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