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Brewster v. Rush-Presbyterian-St. Luke's Medical Center

Case Date: 09/19/2005
Court: 1st District Appellate
Docket No: 1-03-3192 Rel

FIRST DIVISION
September 19, 2005




 

No. 1-03-3192

ROBERT BREWSTER, Guardian of the Estate of Heather
Brewster, Disabled,

             Plaintiff-Appellant,

                          v.

RUSH-PRESBYTERIAN-ST. LUKE'S MEDICAL
CENTER,

             Defendant-Appellee

(Sook Im Hong,

             Defendant).

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)		 Appeal from
the Circuit Court
of Cook County




No. 98 L 8806




Honorable
Daniel M. Locallo,
Judge Presiding.



PRESIDING JUSTICE CAHILL delivered the opinion of the court:

Plaintiff appeals a trial court order holding a hospital not liable for an injury caused by its off-duty resident doctor. The novel issue we address is whether a hospital may owe a duty to a plaintiff injured by an off-duty resident doctor allegedly suffering from sleep deprivation as a result of the hospital's policy on working hours. We do not believe the duty exists under current Illinois law and so affirm the trial court's dismissal of the complaint.

Plaintiff Robert Brewster brought this action on behalf of Heather Brewster (Heather), who was injured in a car accident allegedly caused by Sook Im Hong. Hong was a first-year resident at Rush-Presbyterian-St. Luke's Medical Center (hospital) at the time of the accident. Plaintiff filed a negligence action against Hong and the hospital. The trial court granted the hospital's motion to dismiss plaintiff's claims against it under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 1996)). Plaintiff appeals under Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)). Amicus curiae briefs have been filed by Cook County and the Illinois Hospital Association on behalf of the hospital and by the Committee of Interns and Residents on behalf of plaintiff. We thank the amici for their thoughtful advocacy.

A motion to dismiss under section 2-615 of the Code challenges the legal sufficiency of the complaint by alleging defects on its face. City of Chicago v. Beretta U.S.A. Corp., 213 Ill. 2d 351, 364, 821 N.E.2d 1099 (2004). We review an order granting or denying a section 2-615 motion de novo. Beretta U.S.A. Corp., 213 Ill. 2d at 364. In reviewing the sufficiency of a complaint, we accept as true all well-pled facts and reasonable inferences that may be drawn from those facts. Beretta U.S.A. Corp., 213 Ill. 2d at 364. Our review also requires that we construe the allegations in the complaint in the light most favorable to the plaintiff. Beretta U.S.A. Corp., 213 Ill. 2d at 364.

The facts, as alleged in plaintiff's third amended complaint, are as follows. On July 14, 1997, Hong, who had just left the hospital following a 36-hour work shift, fell asleep behind the wheel of her car and struck a car driven by Heather. Heather was injured. Count II of plaintiff's complaint sounds in common law negligence and alleged the hospital knew or should have known that Hong had worked 34 of the 36 hours she had been scheduled to work on July 13 and July 14, 1997. Plaintiff also alleged the hospital knew or should have known that Hong was tired from the excessive hours she worked and left the hospital on July 14 with impaired judgment because she was deprived of sleep. Plaintiff maintained the hospital had a duty, which it breached, to prevent the injury caused by Hong's condition. Count III alleged the hospital acted willfully and wantonly. Count IV alleged the hospital violated section 6.14 of the Hospital Licensing Act (210 ILCS 85/6.14 (West 1996)). Finally, count V alleged the hospital was guilty of negligence under the duty imposed by section 321 of the Restatement (Second) of Torts (Restatement (Second) of Torts