Workman v. St. Therese Medical Center

640 N.E.2d 349, 266 Ill. App. 3d 286, 203 Ill. Dec. 690
CourtAppellate Court of Illinois
DecidedSeptember 15, 1994
Docket2-93-1007
StatusPublished
Cited by19 cases

This text of 640 N.E.2d 349 (Workman v. St. Therese Medical Center) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Workman v. St. Therese Medical Center, 640 N.E.2d 349, 266 Ill. App. 3d 286, 203 Ill. Dec. 690 (Ill. Ct. App. 1994).

Opinion

JUSTICE GEIGER

delivered the opinion of the court:

The plaintiff, Nancy J. Workman, appeals from the trial court’s dismissal with prejudice of her medical malpractice complaint and from the trial court’s denial of her motion to reconsider the judgments of dismissal. On appeal, the plaintiff argues (1) that the trial court improperly dismissed her complaint with prejudice pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2— 619 (West 1992)); and (2) that if the trial court dismissed her complaint with prejudice pursuant to Supreme Court Rule 219(c) (134 Ill. 2d R. 219(c)) for her failure to comply with written discovery and with the trial court’s orders, the trial court abused its discretion. We affirm.

On June 2, 1992, the plaintiff filed a medical malpractice complaint against the defendants, St. Therese Medical Center, St. Therese Radiology, L.P. Maun, M.D., Gopal N. Bhalala, M.D., and North Point Medical/Dental Center.

On August 18, 1992, defendant Bhalala served interrogatories on the plaintiff and filed them with the court. On September 22, 1992, defendant Maun served interrogatories on the plaintiff and filed them with the court.

On October 7, 1992, the trial court held a status call. The plaintiffs attorney failed to appear for the status call. He had failed to appear at several hearings prior to the October 7 status call. The case was dismissed for want of prosecution.

On November 4, 1992, the plaintiff filed a motion to vacate the October 7, 1992, dismissal order. On November 24, 1992, defendant Bhalala filed a motion in opposition to the plaintiffs motion to vacate and for costs. One basis for defendant Bhalala’s motion was the plaintiffs attorney’s lack of diligence with respect to the prosecution of the case. On November 24, 1992, the trial court granted the plaintiffs motion to vacate the dismissal order and reinstated the plaintiffs case. Also on that date, the trial court ordered the plaintiff to answer defendant Bhalala’s interrogatories within 10 days and granted defendant Bhalala’s motion for fees and costs and ordered the plaintiff and her attorney to pay costs in the amount of $1,350 within 30 days.

On December 7, 1992, defendant Bhálala filed a motion to dismiss the plaintiffs complaint for her failure to answer interrogatories in violation of the November 24, 1992, court order. On December 14, 1992, defendant Bhalala also filed a motion to dismiss pursuant to sections 2 — 622 and 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 622, 2 — 619 (West 1992)) for the plaintiffs failure to supply a separate written report as to each defendant.

On December 17, 1992, the trial court granted defendant Maun’s motion to compel and ordered the plaintiff to respond to all outstanding discovery within 14 days. The trial court awarded sanctions against the plaintiff and in favor of defendant Maun in the amount of $431.30.

Also on December 17, 1992, the court ordered the plaintiff to answer defendant Bhalala’s outstanding interrogatories within seven days and awarded additional costs in the amount of $450 to defendant Bhalala for the plaintiffs failure to comply with the November 24, 1992, court order.

The plaintiff did not file answers to interrogatories within the periods required by the orders of November 24, 1992, and December 17, 1992. On January 21, 1993, defendants Bhalala and Maun filed motions to dismiss pursuant to Supreme Court Rule 219(c) (134 Ill. 2d R. 219(c)) for the plaintiffs failure to answer outstanding interrogatories. On January 21, 1993, the plaintiff filed answers to interrogatories which were vague, incomplete, and unsworn. On February 9, 1993, the plaintiffs answers were stricken. Also on that date, the trial court granted defendant Bhalala’s motion to dismiss pursuant to section 2 — 622 of the Code of Civil Procedure and allowed the plaintiff 14 days in which to file amended section 2 — 622 affidavits. The trial court also ordered the plaintiff to answer all outstanding interrogatories by February 26, 1993.

The plaintiff failed to file amended section 2 — 622 affidavits or answers to interrogatories within the periods required by the February 9, 1993, court order. On March 2, 1993, the trial court granted defendant Maun’s and defendant Bhalala’s motions to dismiss with prejudice, based on the plaintiff’s failure to answer written discovery, her failure to comply with previous discovery orders, and her failure to comply with the requirements of section 2 — 622 of the Code of Civil Procedure. The March 2,1993, order contained a Supreme Court Rule 304(a) (Official Reports Advance Sheet No. 26 (December 22, 1993), R. 304(a), eff. February 1, 1994) finding of enforceability and appealability with respect to the judgments entered in favor of defendants Maun and Bhalala. The Rule 304(a) finding was necessary to make these judgments immediately appealable because defendant Maun’s motion for sanctions under Supreme Court Rule 137 (Official Reports Advance Sheet No. 26 (December 22, 1993), R. 137, eff. February 1, 1994) remained pending at that time. See Berger v. Matthews (1991), 216 Ill. App. 3d 942, 944.

On April 1, 1993, the plaintiff filed a motion to reconsider the March 2, 1993, judgments of dismissal. On May 25, 1993, following a continuance requested by the plaintiff, the trial court granted the defendants’ motions to strike the plaintiff’s motion to reconsider. Once again, the plaintiff’s attorney was not present for the hearing.

On June 24, 1993, the plaintiff filed a motion (1) to vacate the May 25,1993, order, which struck the plaintiff’s motion to reconsider, and (2) once the May 25,1993, order was vacated, to hear the motion to reconsider. The defendants filed no written response to the plaintiff’s second post-judgment motion; rather, at the hearing on the motion, the defendants argued that the trial court lacked jurisdiction to consider the motion.

On July 22, 1993, at the conclusion of the hearing on the motion, the trial court vacated its order of May 25, 1993, which had stricken the plaintiff’s motion to reconsider. In addition, the trial court ruled on the plaintiff’s motion to reconsider, denying the motion with prejudice. On the same date, the trial court stated that it would amend its dismissal order to show that the dismissal pursuant to sections 2 — 622 and 2 — 619 of the Code of Civil Procedure was without prejudice, but the dismissal based on the plaintiff’s repeated failure to answer discovery, as the trial court had ordered, was dismissed with prejudice.

On August 20, 1993, the plaintiff filed a notice of appeal. On January 13, 1994, defendant Maun filed a motion to dismiss the appeal, arguing that the plaintiff failed to file a timely notice of appeal and that this court therefore lacked jurisdiction over this appeal. We ordered that defendant Maun’s motion to dismiss the appeal be taken with the case. Before we address the merits of this appeal, we must first address the question of whether we have jurisdiction to hear the appeal. See Official Reports Advance Sheet No. 26 (December 22, 1993), R. 303, eff. February 1, 1994; Benet Realty Corp. v. Lisle Savings & Loan Association (1988), 175 Ill. App. 3d 227, 229.

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Bluebook (online)
640 N.E.2d 349, 266 Ill. App. 3d 286, 203 Ill. Dec. 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workman-v-st-therese-medical-center-illappct-1994.