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Supreme Court Leaves Voluntary Undertaking Doctrine Alone

In a memorable case, Brennan Burtker has prevailed before the Supreme Court of Illinois. After successfully representing a local hospital against allegations of failure to timely bury a stillborn fetus, the plaintiff sought review from the state’s highest court. In her petition, the plaintiff asked the court to expand the voluntary undertaking doctrine to compensate emotional harm. Brennan Burtker opposed the petition arguing against the expansion of tort liability against hospitals. The Supreme Court denied the plaintiff’s petition for leave to appeal thus ending the case and maintaining the traditional limitations on recovery under the voluntary undertaking doctrine.