201812.03
1

Brennan Burtker asks Supreme Court to refuse invitation to expand voluntary undertaking doctrine

Earlier this year, the firm congratulated its attorneys Anthony Longo, Kenneth Hoffmann, and James Kearney for their impressive result before the Illinois Appellate Court. The Appellate Court affirmed summary judgment entered in favor of the firm’s hospital client accused of failing to timely bury a stillborn fetus. The firm argued that plaintiff could not prosecute an action for such a loss based upon the voluntary undertaking doctrine. The Appellate Court agreed. The plaintiff has now appealed asking the Supreme Court to expand the voluntary undertaking doctrine to encompass cases where there is no bodily harm to the plaintiff or damage to plaintiff’s property. A decision from the Supreme Court is expected later this year.