Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 483]

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472

BOARD OF TRUSTEES

[November 15

administration have recommended that the University terminate the leases and acquire the properties from the foundation at the following unamortized costs of the foundation as of March 1, 1980, adjusted for any amounts paid or due as of March 1, 1980: Belvidere Mt. Morris Rockton Total $320 233 416 $969 579 293 085 957 02 60 31 93

I t is recommended further that the board approve an additional appropriation of $1,000,000 from the Medical Service Plan to the budget of the College of Medicine for the acquisition of these properties. Funds are available in the Medical Service Plan and have been approved by the participants in the plan for this purpose. T h e acquisition is subject to the approval of the board of directors of the University of Illinois Foundation. I concur.

Litigation Initiated by Harry Caldwell

(25) A complaint has been filed in the Circuit Court of Cook County (Case No. 79 L 21439) by Harry Caldwell, a University employee. The defendants are the University, its employee Eppie Salazar, and Sidney Wanzer & Sons, Inc. T h e complaint alleges that on May 25, 1979, the plaintiff purchased a container of contaminated milk at the University's Eye and Ear Infirmary, consumed the same and became violently ill. It is alleged that the milk was supplied by the defendant, Sidney Wanzer & Sons, Inc., and that Eppie Salazar operated and managed the cafeteria at which the milk was purchased by the plaintiff. Count I seeks recovery of $15,000 and attorney's fees on the theory of an implied warranty of merchantability. Counts II and I I I seek recovery of $16,000 in damages and attorney's fees on the grounds that the preparation and sale of adulterated food violates Illinois statutes and, in addition, the defendants had a common law duty to insure that only good, wholesome and clean food was served to the plaintiff. Counts I V and V each seek to recover $16,000 in actual damages, $50,000 in punitive damages and attorney's fees on the theories that the defendants' actions were in willful disregard of law and constituted wanton disregard for the rights of the plaintiff. Pursuant to previous delegations by the Board of Trustees the university counsel has been given interim authorization to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in this matter and to provide representation for Eppie Salazar, all in accordance with the University's risk management and self-insurance program. The university counsel has recommended that such authorization be ratified, approved and confirmed in all respects. I concur.

Litigation Initiated by Special Administrator of the Estate of Baby Girl Stovall

(26) A complaint has been filed in the Circuit Court of Cook County, Illinois (Case No. 79 L 22962) by Barbara Stovall, special administrator of the estate of Baby Girl Stovall, deceased, seeking recovery of monetary damages in excess of $15,000. The named defendants are the University, the State of Illinois, and two doctors and a nurse, individually and as employees of the University, identified by the fictitious names of "Dr. John Doe, Dr. Richard Roe and E. Tal, R.N." The complaint alleges that on January 11 and February 1, 1979 the decedent's mother was seen in the University's out-patient clinic for prenatal care