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Hinterlong v. Baldwin

Case Date: 11/04/1999
Court: 2nd District Appellate
Docket No: 2-98-1194

Hinterlong v. Baldwin, No. 2-98-1194

2nd District, 4 November 1999



WENDY HINTERLONG, as Independent Adm'r of the Estate of Dorothy T. Wollin, Deceased,

Plaintiff-Appellant,

v.

S. P. BALDWIN, LOWELL D. CARPENTER, MARK J. BOWMAN, DREYER MEDICAL CLINIC, S. C., MERCY CENTER FOR HEALTH CARE SERVICES, JOONG H. CHOH, PAUL BATTY, AND ELGIN CARDIAC SURGERY, LTD.,

Defendants

(Dreyer Health Maintenance Organization, a/k/a Dreyer Health Plan, Defendant-Appellee).

 Appeal from the Circuit Court of Kane County.

No. 94--L--0478

Honorable Timothy Q. Sheldon, Judge, Presiding.

JUSTICE RAPP delivered the opinion of the court:

Plaintiff, Wendy Hinterlong, as independent administrator of the estate of her deceased mother, Dorothy Wollin, appeals from summary judgment entered in favor of defendant Dreyer Health Maintenance Organization (Dreyer HMO), a/k/a Dreyer Health Plan.

Plaintiff contends the trial court improperly concluded that her state law claim for medical malpractice based upon a theory of vicarious liability was preempted by section 514(a) of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C.