Wilson v. Edward Hospital

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 112898
Decision Date: 
December 13, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
GARMAN
Holding: 
Appellate court reversed; remanded.
Court's summary judgment order finding that defendant doctors were not actual agents of hospital was not a final judgment on the merits for purposes of res judicata, as it did terminate the litigation and did not dispose of the rights of the parties on a separate branch of the controversy. Actual agency and apparent are not separate and distinct causes of action, for purposes of res judicata, but are part of the duty analysis. Thus, Plaintiffs are not barred from asserting allegations of apparent agency in their refiled action. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)