Gruidl v. Schell

Plaintiff, Jeffrey Gruidl, as special administrator of the estate of June Gruidl, brought a medical malpractice action in the circuit court of Cook County against defendants, Drs. Milton Schell and S. A. Dimicelli. A jury returned a verdict in favor of plaintiff, awarding the estate $312,000. The jury also found, however, that decedent was 40% contributorily negligent. Consequently, the jury reduced its award by 40%, to $187,560.

Plaintiff appeals from the judgment entered on the verdict. He contends: (1) decedent had an absolute right to rely on the advice of her physicians and owed no duty…