Walker v. Rumer, 50071

CourtSupreme Court of Illinois
Citation21 Ill.Dec. 362,72 Ill.2d 495,381 N.E.2d 689
Docket NumberNo. 50071,50071
Parties, 21 Ill.Dec. 362 Virginia WALKER, Appellee, v. Donald RUMER, Appellant.
Decision Date06 October 1978

Page 689

381 N.E.2d 689
72 Ill.2d 495, 21 Ill.Dec. 362
Virginia WALKER, Appellee,
v.
Donald RUMER, Appellant.
No. 50071.
Supreme Court of Illinois.
Oct. 6, 1978.

[72 Ill.2d 497] Donald M. Tennant, of Dobbins, Fraker & Tennant, Champaign, for appellant.

Gilbert H. Saikley and Albert Saikley, of Saikley, Garrison & Associates, Danville, for appellee.

0

Jerome Mirza & Associates, Bloomington (John J. Lowrey and William J. Harte, Chicago, of counsel), for amicus curiae, Illinois Lawyers Association.

[72 Ill.2d 498] GOLDENHERSH, Justice:

Upon allowance of defendant's, Donald Rumer's motion to dismiss, the circuit court of Champaign County dismissed count II of plaintiff's, Virgina Walker's, two-count complaint. The circuit court made the required findings and pursuant to Supreme Court Rule 308(a) (58 Ill.2d R. 308(a)) plaintiff sought, and the appellate court allowed,

Page 690

[21 Ill.Dec. 363] an appeal from the order. The appellate court reversed and remanded (51 Ill.App.3d 1005, 9 Ill.Dec. 724, 367 N.E.2d 158), and we allowed defendant's petition for leave to appeal.

In count II plaintiff alleged that while she was under his professional care and in the exercise of due care for her own safety, defendant performed a surgical procedure known as bilateral palmar fasciectomy and

"(5) That from July 18, 1974 and thereafter, the plaintiff and all instrumentalities were under the exclusive control, care, custody and supervision of the defendant;

(6) That while the plaintiff was under the exclusive control, care custody and supervision of the defendant, the plaintiff in some manner unknown to her sustained severe and permanent injuries to both of her hands;

(7) That said injuries were the result of carelessness and negligence of the defendant; * * *."

The appellate court held that count II contained allegations sufficient to state a cause of action under the doctrine of Res ipsa loquitur and that the circuit court erred in dismissing it.

The appellate court reasoned that because in most circumstances the evidence of the cause of a patient's injury was "inaccessible to the patient" and "accessible to the defendant," the application of the doctrine of Res ipsa loquitur would do "no more than place the doctor, the hospital or their staff in the same status as any other defendant in any other negligence action." The court stated, too, that with the burden of going forward with the evidence shifted to the defendant, evidence that the [72 Ill.2d 499] condition...

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  • Ball v. Kotter, 12–1969.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 23 Julio 2013
    ...... malpractice case, for example, when a surgical instrument is left in a patient's body, Walker v. Rumer, 72 Ill.2d 495, 21 Ill.Dec. 362, 381 N.E.2d 689, 691 (1978), or when a plaintiff alleged ......
  • Sides v. St. Anthony's Medical Center, SC 88948.
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    • United States State Supreme Court of Missouri
    • 5 Agosto 2008
    ....... 8. Walker v. Rumer, 72 Ill.2d 495, 21 Ill.Dec. 362, 381 N.E.2d 689, 691 (1978) (whether "the occurrence is ......
  • Buck v. Alton Memorial Hospital, 79-116
    • United States
    • United States Appellate Court of Illinois
    • 9 Julio 1980
    ...... under the doctrine of res ipsa loquitur, reliance on the doctrine should be alleged." (Walker v. Rumer (1978), 72 Ill.2d 495, 502, 21 Ill.Dec. 362, 364, 381 N.E.2d 689, 691-692.) Here, ......
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    • United States
    • United States Appellate Court of Illinois
    • 15 Junio 2020
    ...Ill.Dec. 24 malpractice cases under the doctrine of res ipsa loquitur , reliance on the doctrine should be alleged." Walker v. Rumer , 72 Ill. 2d 495, 502, 21 Ill.Dec. 362, 381 N.E.2d 689 (1978). In accord with Walker , "[b]ecause Illinois requires fact pleading [citation], res ipsa loquitu......
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