Thornton v. Garcini, M.D.

              No. 3--07--0326
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Filed May 16, 2008
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
TONI THORNTON, INDIVIDUALLY ) Appeal from the Circuit Court
AND AS SPECIAL ADMINISTRATOR ) of the 12th Judicial Circuit,
OF THE ESTATE OF JASON ANTHONY ) Will County, Illinois
EBNER, DECEASED, ))
Plaintiff-Appellee, ))
v. ))
FRANCISCO J. GARCINI, M.D., ) No. 01-L-020
)
Defendant-Appellant, ))
and ))
JANET WRY, R.N., Individually and as )
agent for SILVER CROSS HOSPITAL, et. al., ) Honorable
) Richard J. Siegel,
Defendants. ) Judge, Presiding.
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JUSTICE CARTER delivered the opinion of the court:
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Plaintiff, Toni Thornton, individually and as the special administrator of her deceased son’s
estate, brought suit against defendant, Dr. Francisco J. Garcini, for wrongful death, survival, and
negligent infliction of emotional distress in relation to the death of her son during child birth and the
circumstances of delivery. After a trial, a jury found defendant liable for negligent infliction of
emotional distress and awarded plaintiff $700,000 in damages. Defendant filed a motion for
judgment notwithstanding the verdict and request for setoff, which was denied by the trial court.
Defendant appeals, arguing that his motion for judgment notwithstanding the verdict should have