February 9, 2009
HENRY TABE, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 02 L 7456
JAMES AUSMAN, BEN ROITBERG, ) The Honorable
and TAMIR HERSONKEY, ) Donald J. O'Brien, Jr.,
) Judge Presiding.
JUSTICE GARCIA delivered the opinion of the court.
In this medical malpractice case, the defendants, James
Ausman, M.D., Ben Roitberg, M.D., and Tamin Hersonkey, M.D.,
appeal the order of the circuit court granting Henry Tabe a new
trial, pursuant to Illinois Supreme Court Rule 306(a)(1) (210
Ill. 2d R. 306 (a)(1)). The defendants contend the circuit court
erred in granting a new trial because there was sufficient
evidence to support the sole proximate cause instruction given to
the jury and the "two-issue" rule, recognized in Strino v.
Premier Healthcare Associates, 365 Ill. App. 3d 895, 850 N.E.2d
221 (2006), precludes review of the jury's verdict in favor of
the defendants where no special interrogatories were given to the