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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Democrat lawyer who received favorable Cates ruling contributes $5,000 to ‘Republicans for Judge Judy’

Attorneys & Judges

SPRINGFIELD – After Supreme Court candidate Judy Cates ruled against St. Elizabeth’s Hospital as appellate judge, the Chicago lawyer who won the argument gave $5,000 to a committee supporting her campaign.  

Timothy Tomasik’s firm delivered the contribution to Republicans for Judge Judy on Oct. 14, ten months after she delivered the opinion. 

Cates and Justices John Barberis and Milton Wharton found independent physician Bradley Tissier might have delivered twins as the hospital’s apparent agent. 

They reversed former St. Clair County judge Vincent Lopinot, who granted summary judgment to the hospital on agency. 

They sent the action back to Belleville, leaving a decision on the hospital’s status to Lopinot’s successor. 

Tomasik features the victory on his website

According to background in the ruling, in 2007 when Tissier arrived at the hospital, he had seen Williams 12 times and delivered a previous child.

On each occasion Williams signed a form stating she knew Tissier was an independent contractor and not a hospital employee. 

According to Tomasik, who filed suit for Williams in 2009, Tissier delivered a healthy child but compressed the umbilical cord of the second. 

In 2014, Tomasik amended the complaint to name St. Elizabeth’s as defendant on a theory of apparent agency. 

The hospital moved for summary judgment in 2017, claiming Tissier acted as member of a company and not as hospital employee. 

The hospital attached the consent forms. 

Lopinot granted the motion, but the forms carried no weight at the Fifth District. 

“The St. Elizabeth’s consent form is printed entirely in a small font, making it difficult to read," Cates wrote.

She found it didn’t contain clear and concise language. 

She wrote that whether it provided meaningful notice was a material issue of fact. She also wrote that Williams testified that she thought attending physicians and physicians on staff were hospital employees. 

“She believed Dr. Tissier was an employee of St. Elizabeth’s, and no one advised her differently," Cates wrote.

She wrote that Tissier’s office was in the St. Elizabeth’s building and the hospital advertised him on its website. Williams signed other consent forms and none of them indicated that Tissier or his company were independent contractors. 

She also wrote that the hospital generated the other forms for its benefit. 

"Courts have recognized that there could be situations where a patient signs a consent containing a disclaimer, but additional facts presented could create a triable issue of fact as to whether a hospital held a physician out as its agent," Cates wrote. 

"This is one of those cases.” 

Tomasik’s $5,000 contribution to Republicans for Judge Judy exceeded all other contributions as of Oct. 15. 

He lacks Republican credentials, with a Democratic voting record and having provided $30,000 for retention of Supreme Court Justice James Kilbride and $21,500 for House Speaker Mike Madigan.

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