Parties move summary judgment moves in abortion clinic battery case

Amelia Flood Mar. 25, 2011, 7:20am

A hearing on summary judgment moves by defendants in a battery suit brought against a Granite City abortion clinic, its staff, doctors and the University of Chicago Medical Center has been pushed off again.

The parties agreed to move a March 25 hearing on the moves filed by the Hope Clinic, Dr. Lisa Memmel and the other defendants in an order signed March 23 by Madison County Circuit Judge David Hylla.

Plaintiff Brandy Hildreth is seeking damages in excess of $1 million for what she claims was battery committed by Memmel and emotional distress caused by the clinic's staff when Hildreth sought an abortion at the clinic in February 2008.

She claims she was led to believe that Memmel was unqualified to perform the procedure. She claims she consented to a different doctor performing the abortion.

The defendants contend that Hildreth consented to the procedure and that she was aware of who Memmel was and did not object to Memmel performing the procedure.

The defendants have moved for summary judgment on those claims.

The defendants have also filed a move asking to file a third-party complaint for contribution against Dr. Mark Wasserman.

Wasserman allegedly treated Hildreth before and after the abortion.

Following the abortion, the defendants claim that he told Hildreth that the clinic left fetal tissue in her uterus when that was untrue.

The defendants ask that Wasserman be held liable for part of any judgment that might be entered against them in the suit.

Hylla's March 23 order does not specifiy the date to which the summary judgment hearing was reset.

Rhonda Fiss represents Hildreth.

Mark Levy represents the clinic and staffers Sally Burgess, staffers Clara Dixon, Debra Weihardt, Anne Baker, Denise Caldwell, Dr. Allen Palmer, and Dr. Melissa Gilliam.

John Leskera represents Memmel and the University of Chicago Medical Center.

The summary judgment hearing has been pushed back several times to date.

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

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