UIHistories Project: A History of the University of Illinois by Kalev Leetaru
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Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 460]

Caption: Board of Trustees Minutes - 1980
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1979]

UNIVERSITY OF ILLINOIS

449

1976 and discovered by the plaintiff in April of 1979. The named defendants are the "University of Illinois Hospital" and Doctors Chaudhuri, Soper, Baker and Hallman who were on the University's staff at the time of the incidents referred to in the complaint. The complaint is in two counts, each of which seeks recovery of $150,000 in damages on the basis of allegations that the University and the physicians were negligent in leaving two surgical clips in the plaintiff's gallbladder region during a surgical procedure performed at the University of Illinois Hospital. The university counsel has recommended that he be authorized 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, to defend the action and to provide representation for those of the four physicians who request the same, all in accordance with the University's risk management and self-insurance program. I concur. Litigation Initiated by Administrator of Estate of Kamaria M a n d i e s a Johnson (29) A complaint has been filed in the Court of Claims of the State of Illinois (Case No. 80 CC 0375) by the administrator of the estate of Kamaria Mandiesa Johnson, seeking recovery of $100,000 for alleged negligence on the part of personnel of the University of Illinois Hospital in July of 1978. The complaint alleges that the complainant is the administrator of the estate of a child who was either born stillborn or died shortly after delivery by reason of the negligence of the University of Illinois Hospital personnel in providing prenatal, delivery, and medical care to the child's mother. The university counsel has recommended that he be authorized 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. I concur. Litigation Initiated by Karen M a r t i a Alvarez (30) An unverified complaint has been filed in the Circuit Court of Cook County, Illinois (Case No. 79 L 22084) by Karen Martia Alvarez, a member of the faculty in the Department of History at the Chicago Circle campus now on terminal appointment. The named defendants are the University and Professor Leo Schelbert, chairman of the Department of History at the times referred to in the complaint, and Professor Herman Ooms, a member of the faculty of the Department of History. The complaint is in two counts. Count I of the complaint alleges that the plaintiff was a "tenure track line teacher" in the Department of History whose contract was not renewed because of untrue statements "maliciously and wrongfully" made to the tenured faculty of the department in 1978 by the department chair (defendant Professor Leo Schelbert) and by the chair of the subcommittee responsible for gathering information and making recommendations to the tenured faculty concerning faculty retention (defendant Professor Herman Ooms). It is alleged the statements were false and slanderous, and were made with actual malice or with a reckless disregard as to their truth or falsity. Count I seeks compensatory damages from Professors Schelbert and Ooms, individually, in the amount of $42,000 and punitive damages in the amount of $500,000. Count I I seeks recovery of the same compensatory and punitive damages from the University on the grounds that it is responsible for the actions of Professors Schelbert and Ooms who were allegedly acting within the scope of their employment relationship with the University. Professors Schelbert and Ooms deny making the alleged statements and