Kantner v. Waugh

Illinois Appellate Court
Civil Court
Res Judicata
Citation
Case Number: 
2017 IL App (2d) 160848
Decision Date: 
Monday, June 12, 2017
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN

Court dismissed medical malpractice suit on grounds of res judicata bar on claim-splitting. Court erroneously determined that only an express agreement from Defendants could satisfy the "agreement in effect" exception to claim-splitting. Defense counsel's conduct implied that they would not object to a refiling, as defense counsel suggested refiling as a method to preserve Plaintif's claim without associated costs. (BURKE and SCHOSTOK, concurring.)