No. 2--06--1275 Filed: 10-31-08
APPELLATE COURT OF ILLINOIS
DAVID M. NALEWAY and ) Appeal from the Circuit Court
A.N., ) of Du Page County.
v. ) No. 04--CH--105
KAREN L. AGNICH, ) Honorable
) Bonnie M. Wheaton,
Defendant-Appellee. ) Judge, Presiding.
JUSTICE O'MALLEY delivered the opinion of the court:
Plaintiffs, David Naleway and his six-year-old daughter A.N., appeal from a jury verdict in
favor of defendant, Karen Agnich, on plaintiffs' action for defamation and false-light invasion of
privacy in connection with defendant's accusing Naleway of sexually abusing A.N. On appeal,
plaintiffs argue that the trial court tendered an incorrect jury instruction and that the trial court erred
in barring them from questioning defendant regarding her charge of misconduct against the judge
presiding over the trial. For the reasons that follow, we affirm the judgment of the trial court.
In 2003, Naleway was married to defendant's sister, Kristine, and A.N. was three years of age.
Late in 2003, A.N. underwent surgery to remove a deep and hairy mole from her back and to remove
growths called molluscum contagiosum from her thighs, buttocks, and groin. Just before surgery,
Kristine and defendant met with A.N.'s dermatologist, Dr. Annette Wagner. Defendant, a podiatrist,
informed Dr. Wagner that she was concerned that the molluscum growths were actually genital warts