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ILLINOIS - The University of Illinois Board of Trustees

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19791 UNIVERSITY OF <strong>ILLINOIS</strong> 4-49<br />

1976 and discovered by the plaintiff in April <strong>of</strong> 1979. <strong>The</strong> named defendants are<br />

the “<strong>University</strong> <strong>of</strong> IlGnois Hospital” and Doctors Chaudhuri, Soper, Baker and<br />

Hallman who were on the <strong>University</strong>’s staff at the time <strong>of</strong> the incidents referred<br />

to in the complaint. <strong>The</strong> complaint is in two counts, each <strong>of</strong> which seeks recovery<br />

<strong>of</strong> $150,000 in damages on the basis <strong>of</strong> allegations that the <strong>University</strong> and the<br />

physicians were negligent in leaving two surgical clips in the plaintiffs gallbladder<br />

region during a surgical procedure performed at the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> Hospital.<br />

<strong>The</strong> university counsel has recommended that he be authorized to take such<br />

steps as are necessary or appropriate, including the employment <strong>of</strong> special coun-<br />

sel, to protect the interests <strong>of</strong> the <strong>University</strong> in this matter, to defend the action<br />

and to provide representation for those <strong>of</strong> the four physicians who request the<br />

same, all in accordance with the <strong>University</strong>’s risk management and self-insurance<br />

prog-. I concur.<br />

litigation Initiated by Administrator <strong>of</strong> Estate<br />

<strong>of</strong> Kamaria Mandiesa Johnson<br />

(29) A complaint has been filed in the Court <strong>of</strong> Claims <strong>of</strong> the State <strong>of</strong> <strong>Illinois</strong><br />

(Case No. 80 CC 0375) by the administrator <strong>of</strong> the estate <strong>of</strong> Kamaria Mandiesa<br />

Johnson, seeking recovery <strong>of</strong> $100,000 for alleged negligence on the part <strong>of</strong> person-<br />

nel <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> Hospital in July <strong>of</strong> 1978. <strong>The</strong> complaint alleges<br />

that the complainant is the administrator <strong>of</strong> the estate <strong>of</strong> a child who was either<br />

born stillborn or died shortly after delivery by reason <strong>of</strong> the negligence <strong>of</strong> the<br />

<strong>University</strong> <strong>of</strong> <strong>Illinois</strong> Hospital personnel in providing prenatal, delivery, and<br />

medical care to the child’s mother.<br />

<strong>The</strong> university counsel has recommended that he be authorized to take such<br />

steps as are necessary or appropriate, including the employment <strong>of</strong> special counsel,<br />

to protect the interests <strong>of</strong> the <strong>University</strong> in this matter.<br />

I concur.<br />

litigation Initiated by Karen Martia Alvarez<br />

(30) An unverified complaint has been filed in the Circuit Court <strong>of</strong> Cook County,<br />

<strong>Illinois</strong> (Case No. 79 L 22084) by Karen Martia Alvarez, a member <strong>of</strong> the faculty<br />

in the Department <strong>of</strong> History at the Chicago Circle campus now on terminal ap-<br />

pointment. <strong>The</strong> named defendants are the <strong>University</strong> and Pr<strong>of</strong>essor Leo Schelbert,<br />

chairman <strong>of</strong> the Department <strong>of</strong> History at the times referred to in the complaint,<br />

and Pr<strong>of</strong>essor Herman Ooms, a member <strong>of</strong> the faculty <strong>of</strong> the Department <strong>of</strong> His-<br />

tory. <strong>The</strong> complaint is in two counts.<br />

Count I <strong>of</strong> the complaint alleges that the plaintiff was a “tenure track line<br />

teacher” in the Department <strong>of</strong> History whose contract was not renewed because<br />

<strong>of</strong> untrue statements “maliciously and wrongfully” made to the tenured faculty<br />

<strong>of</strong> the department in 1978 by the department chair (defendant Pr<strong>of</strong>essor Leo<br />

Schelbert) and by the chair <strong>of</strong> the subcommittee responsible for gathering infor-<br />

mation and making recommendations to the tenured faculty concerning faculty<br />

retention (defendant Pr<strong>of</strong>essor Herman Ooms). It is alleged the statements were<br />

false and slanderous, and were made with actual malice or with a reckless disre-<br />

gard as to their truth or falsity. Count I seeks compensatory damages from Pro-<br />

fessors Schelbert and Ooms, individually, in the amount <strong>of</strong> $42,000 and punitive<br />

damages in the amount <strong>of</strong> $500,000.<br />

Count I1 seeks recovery <strong>of</strong> the same compensatory and punitive damages from<br />

the <strong>University</strong> on the grounds that it is responsible for the actions <strong>of</strong> Pr<strong>of</strong>essors<br />

Schelbert and Ooms who were allegedly acting within the scope <strong>of</strong> their employ-<br />

ment relationship with the <strong>University</strong>.<br />

Pr<strong>of</strong>essors Schelbert and Ooms deny making the alleged statements and

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