Williams v. Ingalls Memorial Hospital

Presiding Justice Gallagher and Justice Lavin concurred in the judgment and opinion.

OPINION

In this appeal, we answer two certified questions and determine: (1) whether plaintiffs abandoned their spoliation claims for purposes of res judicata where those claims are dismissed with leave to replead but the claims are never repled prior to plaintiffs voluntary dismissal of the entire cause of action; and (2) whether a grant of summary judgment in favor of the hospital defendant on a claim for respondeat superior based on the apparent agency of a doctor, with a subsequent voluntary dismissal of…