Richards v. Leimbacher

• Decision Date: 03 March 1971
• Docket Number: No. 70--44,70--44
• Citation: 267 N.E.2d 523,131 Ill.App.2d 775
• Parties: Francis X. RICHARDS, Plaintiff-Appellant, v. Earl S. LEIMBACHER, M.D., Howard L. Sather, M.D., and John G. Satter, Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 523

267 N.E.2d 523

131 Ill.App.2d 775

Francis X. RICHARDS, Plaintiff-Appellant, v. Earl S. LEIMBACHER, M.D., Howard L. Sather, M.D., and John G. Satter, Defendants-Appellees.

No. 70--44.

Appellate Court of Illinois, Third District.

March 3, 1971.

J. Edward Jones, Blue Island, for plaintiff-appellant.

Galowich, Galowich, McSteen & Phelan, Joliet, for defendants-appellees.

SCOTT, Justice.

This is an appeal from an order of the circuit court of Will County dismissing the complaint of the plaintiff, Francis X. Richards, for failure to state a cause of action. The trial court further awarded costs to the defendants, Earl S. Leimbacher, M.D., and Howard L. Sather, M.D., and dismissed the complaint without prejudice as to the defendant, John G. Satter, on the grounds that plaintiff failed to use reasonable diligence in obtaining service of process on Satter.

Francis X. Richards, plaintiff-appellant, whom we shall refer to as plaintiff, was initially a defendant in a collection suit. Earl S. Leimbacher, M.D., Howard L. Sather, M.D., and John G. Satter, defendants-appellees, whom we shall refer to as defendants, allegedly not only committed certain acts but also allegedly omitted to perform certain acts in the course of the collection suit against the plaintiff which prompted the filing of a suit for damages against the defendants.

Summarizing the plaintiff's complaint, it alleged that the defendants Leimbacher and Sather were licensed physicians engaged in the practice of medicine in the city of Joliet, Illinois. In that city they performed an operation on the plaintiff's arm and subsequently submitted a bill for services performed in the sum of $230.00. When payment of this bill was not forthcoming the account was placed for collection with John G. Satter, Jr., an attorney in Livingston County with offices at Pontiac.

The plaintiff resided in Morris, Grundy County, Illinois, and a suit was filed against him in the circuit court of Livingston County on March 14, 1968. Summons was served on the plaintiff on March 26, 1968, and three days later plaintiff paid directly to the office of the doctor defendants the sum of $100.00; however, neither the plaintiff nor the doctors notified attorney Satter, the circuit court of Livingston County or its clerk of this partial payment. Being unaware of the partial payment a judgment was entered against the plaintiff on April 3, 1968, in the sum of $230.00 plus costs in the amount of $6.50.

Subsequent to the entry of the judgment attorney Satter learned of the partial payment, but there still being an outstanding balance due he obtained the issuance of a citation, which was served upon the plaintiff on July 23, 1968.

It is difficult to determine from either the plaintiff's complaint or the appeal record the exact sequence of events, but it is apparent that the plaintiff continued to make partial payments directly to the office of the defendant doctors, but at all times failed to take into account accruing court costs and further failed to keep defendant attorney Satter posted as to these payments. Two additional citations were issued by the court and served upon the plaintiff. At all times plaintiff ignored the court procedures but continued to make partial payments directly to the office of the defendant doctors. On January 11, 1969, the plaintiff paid directly to the office of the defendant doctors the sum of $25.00 with a check on which he had written the notation 'paid in full.' At this time the plaintiff received a receipt which showed his account paid in full. The plaintiff further alleges that he requested that attorney Satter be notified as to the status of his account, but apparently this was not done by the employees of the doctors. At the time of making what he believed to be final payment on his account the plaintiff was aware of the fact that he had been served with a citation directing him to appear in court on January 22, 1969. On this date plaintiff failed to appear and a rule to show cause for contempt proceedings was issued by the court requiring that he be in court on March 12, 1969. Again failing to appear, the court issued a writ for body attachment against the plaintiff directing the sheriff of Grundy County to bring him to the Livingston County circuit court to answer the contempt charge.

The plaintiff was taken into custody on April 11, 1969, and incarcerated in the county jail at Livingston County. On the following day the plaintiff was informed by the sheriff that upon payment of the sum of $35.20 as a balance on the doctors' bill and $54.16 for costs he would be released. The plaintiff's wife paid these sums and the plaintiff was released from custody.

On April 14, 1969, defendant Satter appeared in court and had entered an order showing the judgment paid and costs satisfied.

The above factual situation was alleged in a two count complaint filed by the plaintiff against the defendants, from whom he was seeking to recover damages. It is difficult to determine what theory or theories of law the plaintiff is relying upon for recovery of damages. The complaint sounds in tort and defamation, false imprisonment, mental anguish and humiliation and there are further allegations that the plaintiff was deprived of his liberty and property in violation of his constitutional rights in violation of article II, sec. 2 and 19 of the Illinois state constitution, S.H.A. and the fourteenth amendment to the United States constitution.

We are not faced with deciding whether or not the conduct of the defendants could result in liability on their part if proper pleadings had been drafted, since the paramount question presented on appeal is whether or not the complaint as it was drafted alleges facts sufficient to state a cause of action on some known legal basis or theory.

An appeal from an order dismissing a complaint for its failure to state a cause of action preserves for review only a question of law as to the complaint's legal sufficiency. A motion to dismiss admits for purposes of review only such facts as are well pleaded, but it does not admit conclusions of law, the pleader's construction of a statute, or conclusions of fact unsupported by allegations of specific facts upon which such conclusions rest. Washington v. Courtesy Motor Sales, Inc., 48 Ill.App.2d...