Mizell v. Passo

On May 27, 1988, plaintiff, Dennis R. Mizell, filed a healing art malpractice action in the circuit court of Vermilion County against defendant, Thomas C. Passo, M.D. Attached to the complaint was an affidavit of plaintiff’s attorney stating that plaintiff had been unable to obtain the written report of a reviewing health professional as required by section 2 — 622(a)(1) of the Code of Civil Procedure (the Code) (Ill. Rev. Stat. 1987, ch. 110, par. 2— 622(a)(1)).

On July 11, 1988, plaintiff filed a motion to waive the section 2 — 622 requirement. In his motion, plaintiff requested that the…