McDonnell v. McPartlin

The principal issue in this appeal is whether a defendant in a medical negligence case who asserts that a nonparty physician’s conduct was the sole proximate cause of the plaintiffs injury (the so-called “empty chair” defense) must demonstrate that the nonparty physician’s conduct was professionally negligent, as well as the sole proximate cause of the plaintiffs injury, in order for the jury to be instructed on sole proximate cause (see Illinois Pattern Jury Instructions, Civil, No. 12.04 (3d ed. 1995) (hereinafter IPI Civil 3d)). We hold that such a defendant is not required to demonstrate…