MADISON - ST. CLAIR RECORD

The parties in a battery case brought against a Granite City women's clinic and its staff have filed supplemental materials related to summary judgment moves that will be argued later this month.

Plaintiff Brandy Hildreth and the staff of the Hope Clinic for Women filed those additional materials May 9.

The defendants' supplemental filing argues that Memmel was in fact working for Hope and was covered by the treatment release Hildreth signed.

Hildreth is suing the clinic, staffers Sally Burgess, Clara Dixon, Debra Weihardt, Anne Baker, Denise Caldwell and doctors Allen Palmer, Melissa Gilliam and Lisa Memmel.

Hildreth claims that she was misled about who would perform her 2008 abortion and that she suffered emotional distress as a result.

The defendants counter that Memmel, the doctor who performed the procedure, identified herself and that Hildreth raised no objection to her performing the abortion.

Hylla had been set to hear the summary judgment issues earlier this month but that hearing was pushed off.

In Hildreth's supplemental memorandum in response to the defendants' summary judgment moves, the plaintiff acknowledges she signed a consent form.

However, she argues that she consented to be treated by a Hope Clinic doctor, not Memmel, who is a resident with fellow defendant the University of Chicago Medical Center.

Hildreth dismisses defense claims that Memmel was a staffer at the Granite City clinic due to a contract it had in place with the Chicago medical center.

"What the Defendant's purport to be as a contract between Hope Clinic and the University of Chicago Medical Center is a Program Letter of Agreement," Hildreth's May 9 filing reads. She goes on to cite language in the program letter that states the University of Chicago personnel on site at Hope Clinic are not considered Hope Clinic employees.

"These statements show Dr. Memmel was not an employee, or under contract, or otherwise a Hope Clinic Physician," Hildreth's filing goes on to state. "It should also be noted that the consent the Plaintiff signed does not inform her that she will be subjected to a procedure being performed by a resident in training."

In the defense move, the defendants argue there is no mistake that Hildreth consented to be treated at Hope Clinic by one of its doctors.

The defendants also contend that Hildreth sued Hope on the theory that is employed Memmel as one of its agents. The clinic agrees that Memmel was acting as its agent.

The clinic contends that Memmel was covered by the treatment release because she had medical and surgical privileges at the clinic, the clinic provided all of her patients, and that it collected all fees for Memmel's services.

Rhonda Fiss represents Hildreth.

Mark Levy represents the clinic and its staff.

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

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