Reich v. Gendreau

PRESIDING JUSTICE BOWMAN

delivered the opinion of the court:

This is a permissive interlocutory appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308). The question certified for appeal is whether plaintiff, Frank Reich, “is barred pursuant to the doctrine of ‘law of the case’ from refiling a res ipsa loquitur count” by a prior decision of this court. We answer the question in the affirmative.

On July 27, 1993, plaintiff filed a complaint against Jerry Gendreau and Vicky Gendreau (the Gendreaus). On August 12, 1993, plaintiff filed a separate complaint against Clifford Saxby, individually and…