Medical Malpractice Motion 17 - motion to vacate

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Motion to Vacate May 3, 2006 Order Granting Defendants' Motion for Summary Judgment and Motion to Return the Case to the Trial Call for Trial Assignment

Respectfully Submitted, One of the Attorneys for Plaintiff, Sandra Jaunet, Charles A. Boyle & Associates, Ltd., 70 West Madison St. Ste. 650, Chicago, IL 60602, 312-922-0071, Atty No.: 21404.

NOW COME the Plaintiff, SANDRA JAUNET (BENDICK), by and through her attorneys, CHARLES A. BOYLE & ASSOCIATES, and respectfully requests this Court to vacate this Court's May 3, 2006 order granting Defendants CAPRON & AVGERINOS, P.C., a Professional Corporation; and DANIEL F. CAPRON, Individually, and as an Agent of CAPRON & AVGERINOS, P.C., Motion for Summary Judgment and return this case to the trial call for trial assignment.

1) This is a legal malpractice action arising out of a workmen's compensation claim in which Defendants represented Ms. Sandra Jaunet.

2) On May 3, 2006 this Court granted Defendants Motion for Summary Judgment with the contingency that the granting of summary judgment would not be final for 30 days until June 2, 2006, allotting Plaintiff these 30 days to redepose Dr. Bryar to prove the casual element of the underlying Worker's Compensation claim.

3) This Court's May 3, 2006 Order also struck the trial date of May 16, 2006.

4) On May 18, 2006, after learning Dr. Bryar suffered from a severe medical condition, this Court granted Plaintiff's Motion to Substitute Dr. Gasior in Dr. Bryar's stead allowing until June 14, 2006 to have Dr. Gasior deposed.

5) On June 14, 2006, this Court granted one final extension until June 29, 2006 to depose Dr. Gasior due to the parties scheduling conflicts.

6) On June 27, 2006 Dr. Gasior's deposition in this matter was taken with testimony demonstrating Plaintiff's injuries were casually related to the May 21, 1999 workplace injury.

WHEREFORE, Plaintiff hereby respectfully moves this Court to Vacate its May 3, 2006 Order granting of Defendants' Motion for Summary Judgment and return this case to the trial call for immediate trial assignment.

Respectfully Submitted,

<<signature>>

One of the Attorneys for Plaintiff, Sandra Jaunet

CHARLES A. BOYLE & ASSOCIATES, LTD.

70 West Madison St. Ste. 650

Chicago, IL 60602

312-922-0071

Atty No.: 21404

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