Valdovinos v. Tomita

The plaintiff, Marta Valdovinos, as parent, guardian, and next friend of Daniel Valdovinos (Daniel), appeals from an order of the circuit court dismissing both counts of her fifth amended complaint against the defendants, Dr. Tadanori Tomita and Children’s Memorial Hospital (Children’s Memorial). For the reasons that follow, we reverse the judgment of the circuit court and remand for further proceedings.

The procedural history of this matter is long and complex, comprising over 18 years of litigation. For the sake of brevity, we have attempted to limit our recitation of the facts to those…