Bochantin v. Petroff

The issue in the instant case is whether the trial court abused its discretion in granting appellees’ motion for a voluntary dismissal (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1009) when a motion for involuntary dismissal (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 619) was pending before the court. We hold that it did not.

On July 27, 1984, appellees Theresa and Matthew Bochantin filed a medical malpractice action in the Madison County circuit court. Appellees named Dr. Petroff and Illinois Health Facilities, Inc., d/b/a Oliver Anderson Hospital, as defendants in the action. The hospital was…