PATRICIA RUTLEDGE, Claimant, u. THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS AND THE STATE OF ILLINOIS, Respondents.
Case summary
Claimant alleged medical malpractice by the University of Illinois Hospital between February 25, 1977 and July 28, 1978. The court dismissed the claim with prejudice for failure to comply with the Court of Claims Act, rules, and statutes of limitations, noting the notice of claim was filed nearly nine months after the latest alleged negligent act.
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Headnotes
- NEGLIGENCE-medical malpractice-stipulation-cause dismissed. Based on a stipulation of the parties, the Court of Claims dismissed with prejudice and without costs to either party, the Claimant’s action alleging wrongful acts by a State hospital.
- ORDER O N MOTION T O DISMISS
This matter comes before the Court upon motion of [*34] Respondent to dismiss and Claimant’s objections to said motion.
Respondent’s motion sets forth that Claimant’s complaint lists the dates of February 25, 1977, through July 28, 1978, as being the period of time when the University of Illinois Hospital allegedly performed the various wrongful acts constituting negligence against Claimant. The latest date listed in the complaint upon which an act of negligence could have occurred is July 28, 1978. Respondent’s motion sets forth that a suit arising out of the same period of hospitalization and the same injuries in the Circuit Court of Cook County, Illinois, styled Rutledge v. Dow Corning, 81 L 4304, in response to a demand for a Bill of Particulars filed by the Dow Corning Corporation, Claimant stated she underwent corrective surgery for the negligence previously alleged on July 28, 1978. Respondent’s motion further states that if Claimant was receiving corrective surgery on that date, she must have had some injury prior to that time.
Respondent’s motion states that Claimant did not file a notice of claim until April 18, 1979, nearly nine months after the corrective surgery in question, and if she had corrective surgery on that date, she must have known about it previously and, therefore, the notice she filed was too late.
Respondent states that while the suit in the Circuit Court of Cook County was filed on February 23, 1981, the Court has never been formally notified of the existence of this action. Respondent’s motion states that the complaint of Claimant listed five separate incidents between February 25, 1977, and July 28, 1978, when surgery was performed upon Claimant, and that nowhere in the complaint is it stated whether the alleged [*35] malpractice involves some, all or any of the particular operations mentioned.
It is hereby ordered that Respondent’s motion to dismiss be, and the same is, granted, and this cause is dismissed.
ORDER ON MOTION TO DISMISS
HOLDERMAN, J.
This cause comes on to be heard on the motion of Respondents to dismiss and objections to said motion by Claimant.
The Court being fully advised of the premises and oral argument having been waived by both parties, it is hereby ordered that the complaint and amended complaint of Claimant be, and the same are, dismissed and held for naught for said Claimant’s failure to comply with the prerequisites of the Court of Claims Act, the Court of Claims rules and the statutes of limitations.
Said dismissal is and shall be with prejudice and any action hereinafter filed by Claimant Patricia Rutledge against said Respondents shall be forever barred.
ORDER
HOLDERMAN, J.
Pursuant to stipulation by and between the parties hereto, and it appearing to the Court that all costs have been paid and all matters in controversy for which said action was brought have been fully compromised, settled and adjourned;
It is hereby ordered, adjudged and decreed that the above-entitled action be, and the same hereby is, ..
[*36] dismissed with prejudice and without costs to either party.