Defendants ask to push back summary judgment hearing in Hope Clinic case

Amelia Flood Dec. 30, 2010, 12:40pm

Two defendants seeking summary judgment in a suit stemming from a woman's abortion at Hope Clinic for Women in Granite City are asking to push back a January hearing.

Madison County Circuit Judge David Hylla is set to hear the moves filed by the clinic and defendant Dr. Lisa Memmel at 9:30 a.m. Jan. 7.

However, due to scheduled vacation times, the defendants are now asking to push that hearing back to the next available date in a motion filed Dec. 22.

Plaintiff Brandy Hildreth is suing the clinic, Memmel and a number of the clinic's staff for damages she claims to have suffered when she underwent an abortion at the clinic in 2008.

She is seeking damages in excess of $50,000 per each of the 28 counts of her suit.
Hildreth claims that Memmel committed battery by treating her when the plaintiff claims clinic staff told her co-defendant Dr. Allan Palmer would perform the procedure.

She also claims to have suffered emotional distress due to the defendants' actions.

The defendants argue that Hildreth knew that Memmel would treat her and that she was aware Memmel was a doctor.

The defendants also note that Hildreth has testified in depositions that she did not object to Memmel performing the abortion.

The defendants moved for summary judgment in September on those grounds.

The summary judgment motions have been pushed off before due to attorney scheduling conflicts.

Rhonda Fiss represents Hildreth.

Mark Levy represents the clinic and its staff.

John Leskera represents Memmel.

The case was previously assigned to Madison County Circuit Judge Nicholas Byron before his retirement.

The case is Madison case number 08-L-343.

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