Legal Opinion · Dissent

Seef v. Ingalls Memorial Hospital

Appellate Court of Illinois

Decided December 30, 1999No. 1—98—1220, 1—98—2576 consPublished

1Dissent

PRESIDING JUSTICE O’MARA FROSSARD,

dissenting:

I agree with a remand for new trial but would permit plaintiffs’ case against Ingalls Memorial Hospital to proceed, as I believe the trial court abused its discretion by barring nurse Hall’s expert testimony in its entirety and dismissing Ingalls. A causal relationship between the defendant’s negligence and the injury must be shown by a preponderance of the evidence. Chambers v. Rush-Presbyterian-St. Luke’s Medical Center, 155 Ill. App. 3d 458 (1987). The plaintiff may provide either direct or circumstantial evidence to meet this burden and the…

2Cases cited6 opinions

  1. Gill v. FosterIllinois Supreme Court · 1993
  2. Holton v. Memorial HospitalIllinois Supreme Court · 1997
  3. Aguilera v. Mount Sinai Hospital Medical CenterAppellate Court of Illinois · 1998
  4. Chambers v. Rush-Presbyterian-St. Luke's Medical CenterAppellate Court of Illinois · 1987
  5. Wodziak v. KashAppellate Court of Illinois · 1996

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