Miller v. Gupta

Plaintiff, Cindy Miller, filed an action in the circuit court of Marion County against Dr. Narendra K. Gupta alleging in two counts medical malpractice and spoliation of evidence.1 The trial court dismissed Miller’s first-amended complaint in its entirety with prejudice. The appellate court reversed, finding that the trial court abused its discretion in dismissing the medical malpractice count, and remanded so that Miller could amend her pleadings regarding spoliation of evidence. 275 Ill. App. 3d 539. We granted Gupta’s petition for leave to appeal (155 Ill. 2d R. 315).

In both counts of her…