Walker v. Rumer

The question certified in this Rule 308 appeal (Ill. Rev. Stat. 1975, ch. 110A, par. 308) is whether or not the allegations of count II of plaintiff’s complaint support a cause of action under the theory of res ipsa loquitur. Plaintiff Virginia Walker filed a two-count medical malpractice action against defendant Donald Rumer, who filed a motion to dismiss both counts, alleging, in part, that count II did not support a cause of action under res ipsa loquitur. The trial court denied defendant’s motion as to count I and granted the motion as to count II. Plaintiff timely filed leave to appeal…