McNamee v. Richard Sandore, & Assoc.

              No. 2--05--0739 Filed: 6-7-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
MICHAEL McNAMEE, as Guardian ) Appeal from the Circuit Court
of the Estate of Molly McNamee, ) of Lake County.
a Minor, ))
Plaintiff-Appellant, ))
v. ) No. 05--L--97
)
RICHARD SANDORE, and ASSOCIATES )
FOR WOMEN'S HEALTH, ) Honorable
) Henry C. Tonigan,
Defendants-Appellees. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Plaintiff, Michael McNamee (Michael), appeals from the judgment of the circuit court of
Lake County granting summary judgment in favor of defendants, Richard Sandore and his employer,
Associates for Women's Health (Associates), on Michael's claim that Sandore provided negligent
obstetric care to his wife, Kimberly McNamee (Kimberly), while she was a patient at St. Therese
Medical Center (St. Therese), where Sandore was a staff physician. Michael alleged that the
negligence resulted in birth defects to his and Kimberly's daughter, Molly McNamee. We find that
the entry of summary judgment was erroneous, and we reverse and remand.
BACKGROUND
This case has a substantial history, including one prior appeal to this court. See McNamee
v. Sandore, Nos. 2--02--1000, 2--02--1002, 2--02--1004 cons. (2003) (unpublished order under