Harris Trust & Savings Bank v. Ali

Mr. PRESIDING JUSTICE ROMITI

delivered the opinion of the court:

The plaintiff as guardian of John Hopp, Jr., recovered $1,500,000 from defendants Drs. Ali and Feinberg and Sherman Hospital, Ah’s employer, when the child was misdiagnosed and improperly treated for spinal meningitis. Sherman was sued solely as Ali’s employer. Ah and Sherman Hospital appeal this verdict contending that:

1. a so-called loan receipt agreement between plaintiff and Feinberg, which provided that if plaintiff recovered from any other party Feinberg would be reimbursed for the $750,000 he paid under the receipt but…