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Illinois justices will determine whether Janet Sullivan should have been allowed to switch lawyers when suing her surgeon.

By ANTHONY WATT‚ Rockford Register Star
SPRINGFIELD -- A Roscoe woman who wasn't allowed to substitute one lawyer for another in her malpractice case has won the ear of the Illinois Supreme Court.

The justices agreed last Wednesday to hear Janet Sullivan's appeal from the Elgin-based 2nd District Appellate Court. Sullivan's case is among 24 the court agreed to consider.

Court spokesman Joe Tybor said the justices would not hear the latest cases before its May or September terms.

Sullivan's attorney, Michael Holoka of Rockford, declined a request to interview Sullivan, saying her comments might taint upcoming court proceedings.

Sullivan sued surgeon Robert Eichmann in September 1998, claiming that he punctured her bowel several times during abdominal surgery. Sullivan said this caused her to develop peritonitis and other complications that required additional surgeries.

The case centers on whether Winnebago County Circuit Judge Ronald Pirrello was correct to refuse to hear Sullivan's second attorney before ruling in the doctor's favor.

In March 2001, Sullivan's attorney, Gregory Barrett of Rockford, told the trial court his expert witness had withdrawn and that he did not anticipate finding another expert.

Two months later, Sullivan went to court with Holoka, who asked to replace Barrett as Sullivan's legal counsel. Pirrello refused and decided the case in favor of Eichmann.

Sullivan appealed to the 2nd District and argued that, had Holoka been allowed to substitute for Barrett, Holoka would have identified a medical expert to testify on Sullivan's behalf.

The 2nd District responded that it had insufficient information to resolve the conflict.

Three justices wrote in their opinion in March that Sullivan failed to submit a report of proceedings, a bystander's report or a substitute detailing the proceedings at issue.

In Sullivan's brief to the state Supreme Court, Holoka said Pirrello used "tortured and unjust machinations" to deprive Sullivan of her day in court. The 2nd District's decision "is not only disingenuous but disturbing."

Eichmann's attorney, Jeffry Spears of Rockford, said he was disappointed that the high court accepted the appeal.

Contact: mailto:awatt@registerstartower.com 217-753-3882

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