Holzrichter v. Yorath

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 110287
Decision Date: 
March 4, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
DELORT
Holding: 
Affirmed.
Plaintiff sued pro se for injuries from podiatric surgery. Court properly granted summary judgment for Defendants on count for medical battery. Court properly dismissed five counts with prejudice as a matter of law per Sections 2-619 and 2-622 of Code of Civil Procedure, and properly dismissed three counts for failure to state cause of action for violation of Antitrust Act, as allegations were conclusory. Plaintiff cannot assert punitive damages without first properly pleading underlying claims for medical battery and fraudulent misrepresentation. (HOFFMAN and CUNNINGHAM, concurring.)