Illinois Appellate Court
Civil Court
Res Judicata
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.)