Cecelia Kubian v. Alexian Brothers Medical

PRESIDING JUSTICE McLAREN delivered the opinion of the court: The plaintiff, Cecelia Kubian, filed a complaint against the defendants, Alexian Brothers Medical Center (Alexian Center), Hospice Care, Inc. (Hospice Care), and Dr. Herbert Reisel, which included counts for wrongful death and for loss of consortium. The trial court granted the defendants' section 2-615 motion (735 ILCS 5/2-615 (West 1992)) to dismiss some of the plaintiff's counts, including the loss of consortium count, on February 24, 1992. Subsequently, the plaintiff amended her complaint, and the defendants, for the second time, filed motions to dismiss the remaining counts. As a consequence, the plaintiff filed her second amended complaint. Subsequently, the defendants, for the third time, filed motions to dismiss, this time pursuant to section 2-619(a)(2) (735 ILCS 5/2-619(a)(2) (West 1992)), though defendant Reisel filed a motion for summary judgment (735 ILCS 5/2-1005 (West 1992)), not a 2-619 motion (735 ILCS 5/2-619 (West 1992)). The trial court granted the defendants' motion to dismiss the wrongful death count pursuant to section 2-619. 735 ILCS 5/2-619 (West 1992).