Hearing set Monday on summary judgment moves in abortion clinic battery case

Amelia Flood Apr. 12, 2011, 7:50am

Madison County Circuit Judge David Hylla is set to hear arguments on several summary judgment moves filed by a Granite City women's clinic and its staff members in a battery suit brought by a woman who sought an abortion there three years ago.

The hearing is set at 1 p.m. on April 18.

The hearing on the moves filed by Dr. Lisa Memmel and the other defendants in the suit filed by plaintiff Brandy Hildreth had been pushed off a hearing date set March 25.

Hildreth alleges that the staff of the Hope Clinic for Women misled her about what doctor would perform her 2008 abortion and that she suffered extreme emotional distress as a result of the defendants' actions.

The suit names Memmel, the University of Chicago Medical Center, the Hope Clinic, Hope staff members Clara Dixon, Debra Weihardt, Anne Baker, Denise Caldwell, Dr. Allen Palmer, and Dr. Melissa Gilliam as defendants.

The defendants have countered Hildreth in their summary judgment moves by pointing to her signed consent form and her testimony in depositions that state she knew Memmel would perform the procedure and that the doctor introduced herself before the operation.

The defendants have also filed a counterclaim against Dr. Mark Wassermann seeking contribution in the case of a judgment against them.

In that move, the defendants allege that Wassermann wrongly told Hildreth that the clinic had botched the abortion and left parts of the fetus inside of her.

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 case is Madison case number 08-L-343.

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