DeLuna v. Treister

In this medical malpractice action, plaintiff Oscar DeLuna, as administrator of the estate of Alicia DeLuna, filed a single-count complaint in the circuit court of Cook County against defendants Michael Treister, M.D., and St. Elizabeth’s Hospital. Plaintiff alleged that Dr. Treister negligently caused decedent’s death and that St. Elizabeth’s, as Dr. Treister’s employer, shared vicarious liability for decedent’s death. The circuit court ruled that the doctrine of res judicata barred plaintiff’s claim against Dr. Treister, and granted Dr. Treister’s motion to dismiss. The circuit court ruled…