Claiborne v. Hutchinson

Plaintiff, a 10-year-old boy, appeals an order of the circuit court of Cook County dismissing his medical malpractice suit against the defendant doctor who amputated his right leg. The plaintiff’s recovery in a prior suit for injuries he sustained to this leg formed the basis of the trial court’s dismissal. The issues on appeal are: (1) whether the parties’ pleadings and affidavits created a material and genuine issue of fact as to whether the judgment in the prior suit included damages for the loss of the plaintiff’s leg, and (2) if so, whether the trial court erred in finding that the…