NO. 4-06-0330 Filed: 12/15/06
IN THE APPELLATE COURT
BRIAN LOMAN and JACK DODD,
DAVID E. FREEMAN, MVB,
Circuit Court of
Michael Q. Jones,
JUSTICE APPLETON delivered the opinion of the court:
Plaintiffs, Brian Loman and Jack Dodd, sued defendant, David E. Freeman, a
veterinarian, for performing an unauthorized surgery on their horse. The amended complaint has
two counts, the first count entitled "Negligence" and the second entitled "Conversion." The trial
court concluded that the Moorman doctrine barred the first count (Moorman Manufacturing Co.
v. National Tank Co., 91 Ill. 2d 69, 435 N.E.2d 443 (1982)) and that the second count failed to
state the elements of conversion. We find that both counts state a cause of action in tort.
Therefore we reverse the dismissal of the amended complaint and remand this case for further
Here are the allegations common to both counts of the amended complaint.
Plaintiffs owned a racehorse. Defendant "held himself out as a veterinarian, qualified to practice
veterinary medicine in *** Illinois." In late May and early June 2001, plaintiffs entrusted the