{ "id": 570687, "name": "NEIL BROCKETT, a Minor, By His Father and Next Friend, Ronald Brockett, et al., Plaintiffs, v. SHAWN DAVIS, Defendant-Appellee (Gary Childs et al., Intervening Parties-Appellants)", "name_abbreviation": "Brockett v. Davis", "decision_date": "2001-09-13", "docket_number": "No. 3\u201400\u20140522", "first_page": "727", "last_page": "733", "citations": [ { "type": "official", "cite": "325 Ill. App. 3d 727" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "691 N.E.2d 1162", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1997, "pin_cites": [ { "parenthetical": "determining that summary judgment should be denied if a disputed material fact exists" } ], "opinion_index": 0 }, { "cite": "293 Ill. App. 3d 1033", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 847554 ], "year": 1997, "pin_cites": [ { "parenthetical": "determining that summary judgment should be denied if a disputed material fact exists" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/293/1033-01" ] }, { "cite": "392 N.E.2d 1", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1979, "pin_cites": [ { "parenthetical": "determining that a personal injury plaintiff is not entitled to recover for the value of services that he has obtained without expense, obligation, or liability" } ], "opinion_index": 0 }, { "cite": "76 Ill. 2d 353", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2983361 ], "year": 1979, "pin_cites": [ { "parenthetical": "determining that a personal injury plaintiff is not entitled to recover for the value of services that he has obtained without expense, obligation, or liability" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/76/0353-01" ] }, { "cite": "980 F.2d 449", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 10513641 ], "year": 1992, "opinion_index": 0, "case_paths": [ "/f2d/980/0449-01" ] }, { "cite": "330 N.E.2d 247", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1975, "pin_cites": [ { "page": "249" } ], "opinion_index": 0 }, { "cite": "29 Ill. App. 3d 218", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2502525 ], "weight": 2, "year": 1975, "pin_cites": [ { "page": "220" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/29/0218-01" ] }, { "cite": "554 N.E.2d 1013", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "pin_cites": [ { "parenthetical": "determining that a contract is found by the implied obligation of a physician to his patient" } ], "opinion_index": 0 }, { "cite": "196 Ill. App. 3d 766", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2491102 ], "year": 1990, "pin_cites": [ { "parenthetical": "determining that a contract is found by the implied obligation of a physician to his patient" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/196/0766-01" ] }, { "cite": "517 N.E.2d 1220", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1988, "opinion_index": 0 }, { "cite": "164 Ill. App. 3d 259", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3583529 ], "year": 1988, "opinion_index": 0, "case_paths": [ "/ill-app-3d/164/0259-01" ] }, { "cite": "722 N.E.2d 736", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1999, "opinion_index": 0 }, { "cite": "309 Ill. App. 3d 129", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 349562 ], "year": 1999, "opinion_index": 0, "case_paths": [ "/ill-app-3d/309/0129-01" ] }, { "cite": "655 N.E.2d 22", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1995, "pin_cites": [ { "page": "24", "parenthetical": "determining that a party must assert his own legal rights and interests, rather than basing his claim for relief upon the rights of third parties" } ], "opinion_index": 0 }, { "cite": "274 Ill. App. 3d 784", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 291548 ], "weight": 2, "year": 1995, "pin_cites": [ { "page": "786" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/274/0784-01" ] }, { "cite": "684 N.E.2d 1016", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1997, "opinion_index": 0 }, { "cite": "292 Ill. App. 3d 88", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1725035 ], "year": 1997, "opinion_index": 0, "case_paths": [ "/ill-app-3d/292/0088-01" ] }, { "cite": "224 Ill. App. 3d 681", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5251958 ], "year": 1992, "pin_cites": [ { "page": "684-85" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/224/0681-01" ] }, { "cite": "29 Ill. App. 3d 218", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2502525 ], "year": 1975, "pin_cites": [ { "page": "220" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/29/0218-01" ] } ], "analysis": { "cardinality": 670, "char_count": 13976, "ocr_confidence": 0.788, "pagerank": { "raw": 9.837737523094776e-08, "percentile": 0.5337407702147886 }, "sha256": "9cd76623c5db92f73311b930c47b69eaee7e1394491bd45366585ade0be47dda", "simhash": "1:6389ca548c6f95e0", "word_count": 2231 }, "last_updated": "2023-07-14T19:13:10.268443+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "NEIL BROCKETT, a Minor, By His Father and Next Friend, Ronald Brockett, et al., Plaintiffs, v. SHAWN DAVIS, Defendant-Appellee (Gary Childs et al., Intervening Parties-Appellants)." ], "opinions": [ { "text": "JUSTICE BRESLIN\ndelivered the opinion of the court:\nThis personal injury action was filed on behalf of Neil Brockett and Brandi Osborn, who were injured in an automobile accident with Shawn Davis. During the litigation, Shawn filed a motion for partial summary judgment, seeking a determination by the trial court that certain bills for chiropractic services received by Neil and Brandi were void as a matter of law. In his motion, Shawn claimed that the doctors who treated Neil and Brandi failed to obtain a certificate of registration for their medical corporation as required by the Medical Corporation Act (805 ILCS 15/1 et seq. (West 1998)) and improperly allowed nonlicensed individuals to provide them medical treatment in violation of the Illinois Medical Practice Act of 1987 (Medical Practice Act) (225 ILCS 60/1 et seq. (West 2000)). While Shawn\u2019s motion was pending, the doctors intervened in the case. After a hearing, the trial court granted Shawn\u2019s motion and the doctors appealed.\nWe reverse and remand. We hold that Shawn lacked the requisite standing to raise the issue of whether the doctors\u2019 failure to obtain a certificate of registration, as required by the Medical Corporation Act, rendered their bills void. We also hold that a material issue of fact remains as to whether nonlicensed individuals provided medical treatment to Neil and Brandi in violation of the Medical Practice Act.\nFACTS\nOn January 24, 1997, Neil and Brandi were injured in an automobile accident with Shawn. As a result of the accident, Neil and Brandi received chiropractic care for their injuries from Drs. Gary and Callen Childs (doctors), East Peoria Chiropractic Clinic (EPCC), and Orthopedic Diagnostic & Rehabilitation (ODR). Thereafter, plaintiffs Ronald Brockett, individually and on behalf of his son Neil, and Brandi Osborn filed two separate personal injury actions against Shawn. The actions were eventually consolidated.\nOne year later, Shawn filed a motion for partial summary judgment, seeking a determination by the trial court that the bills for chiropractic services provided by EPCC and ODR were void as a matter of law. In his motion, Shawn claimed, inter alia, that EPCC\u2019s parent company, Gary Childs, D.C., S.C. (parent company), failed to obtain a certificate of registration as required by the Medical Corporation Act (805 ILCS 15/1 et seq. (West 1998)), and that the doctors, through the parent company, allowed nonlicensed individuals to provide chiropractic treatment to EPCC\u2019s and ODR\u2019s patients in violation of the Medical Practice Act. Shawn also claimed that ODR was an illegally created partnership between licensed chiropractors and laypersons and that ODR illegally engaged in fee-splitting and self-referral. Subsequent to the filing of Shawn\u2019s motion, the doctors, EPCC, and ODR intervened.\nAt a deposition, Dr. Gary Childs testified that he is a chiropractic physician licensed in the State of Illinois. Dr. Gary Childs and his son, Dr. Callen Childs, were the sole shareholders of the parent company. Although \u201cS.C.\u201d indicates that Gary Childs, D.C., S.C., is a medical corporation, the parent company did not hold a certificate of registration issued by the Illinois Department of Professional Regulation (Department). The parent company was the owner of EPCC, a nonregistered company operated as a subchapter S corporation, which provided chiropractic adjustments and therapies. All chiropractic adjustments provided at EPCC were performed by the doctors, and all chiropractic therapies, such as intersegmental traction and interferential current therapies, were performed by the doctors or Dr. Childs\u2019 son Derek and other unlicensed employees under the doctors\u2019 direct supervision.\nDr. Childs testified that ODR was created by the doctors and Derek as a general partnership between them to provide hands-on rehabilitation and testing services for EPCC\u2019s patients. The majority of services at ODR were provided by Derek under the doctors\u2019 direction. Derek owned 20% of ODR, received bonuses from patient revenues when ODR made a profit, and had a vote in all decisions regarding the operation of ODR.\nDr. Callen Childs testified that he is a licensed chiropractic physician in' the State of Illinois. Callen stated that all services and corresponding charges for care rendered by the doctors, EPCC, and ORD to Neil and Brandi were reasonable, customary, and necessary. Callen also stated that all chiropractic examinations and manipulations provided to Neil and Brandi were rendered by the doctors, and all physical therapy was performed under the doctors\u2019 direct supervision.\nThereafter, the trial court granted Shawn\u2019s motion for partial summary judgment on the basis that the bills for chiropractic services were void as a matter of law. In so doing, the court determined that EPCC was not registered, that EPCC was the 100% referrer to ODR, and that there were no factual issues regarding the ownership of ODR and the participation of its unlicensed employees. The doctors appealed.\nANALYSIS\nThe sole issue on appeal is whether the trial court erred when it granted Shawn\u2019s motion for partial summary judgment. This court reviews a lower court\u2019s grant of summary judgment de novo. Grot v. First Bank of Schaumburg, 292 Ill. App. 3d 88, 684 N.E.2d 1016 (1997).\nThe doctors first contend that the trial court erred when it determined that the medical bills were void because of the parent company\u2019s failure to obtain a certificate of registration as required by the Medical Corporation Act (805 ILCS 15/1 et seq. (West 1998)). Although the doctors ultimately address the merits of the trial court\u2019s conclusion in detail, they argue initially that Shawn lacks standing to petition the court for relief. We agree with the doctors that Shawn lacks the requisite standing.\nThe purpose of the standing requirement is to preclude a person having no interest in a controversy from bringing suit. Town of Northville v. Village of Sheridan, 274 Ill. App. 3d 784, 655 N.E.2d 22 (1995). In order for a party to have standing, the party must suffer some injury in fact to a legally cognizable interest and must have sustained, or be in immediate danger of sustaining, a direct injury as a result of the complained-of conduct. Nolan v. Hillard, 309 Ill. App. 3d 129, 722 N.E.2d 736 (1999). That a party may suffer in some abstract way will not suffice; there must be a direct injury to his property or rights. Jenner v. Wissore, 164 Ill. App. 3d 259, 517 N.E.2d 1220 (1988).\nWe do not find any published decisions in Illinois involving the exact scenario presented in this case. It is clear, however, that Neil and Brandi received medical services from Drs. Child and their clinic. A contractual relationship existed between Neil and Brandi and their medical providers for which they now seek reimbursement. See Ferguson v. New England Mutual Life Insurance Co., 196 Ill. App. 3d 766, 554 N.E.2d 1013 (1990) (determining that a contract is found by the implied obligation of a physician to his patient). Shawn is not a party to this contract. We believe that any alleged illegalities may not be addressed by third parties such as Shawn. See Town of Northville, 274 Ill. App. 3d at 786, 655 N.E.2d at 24 (determining that a party must assert his own legal rights and interests, rather than basing his claim for relief upon the rights of third parties). Although Shawn would ultimately benefit from a finding that the bills are void, there is no evidence that he has suffered a direct injury from the doctors\u2019 failure to obtain a certificate of registration. Accordingly, we hold that Shawn does not have the appropriate standing to raise the issue of whether the bills for chiropractic services are void for lack of the certificate of registration required by the Medical Corporation Act, and we reverse.\nIn reaching our decision, we note that Shawn cites Tovar v. Paxton Community Memorial Hospital, 29 Ill. App. 3d 218, 330 N.E.2d 247 (1975), in support of his contention that he has standing to raise this issue because EPCC and ODR were operated illegally and their bills were \u201cuncollectible and unreasonable as a matter of law.\u201d In Tovar, the court determined that the purpose of a licensing requirement is to protect the public by assuring it of adequately trained practitioners and that a person who practices medicine without obtaining a license as required by the Medical Practice Act could not maintain an action for fees. Tovar, 29 Ill. App. 3d at 220, 330 N.E.2d at 249. Notwithstanding Shawn\u2019s contention, we determine that Tovar is inapplicable to this case because, unlike the licensing requirement for a doctor under the Medical Practice Act, the certificate of registration required by the Medical Corporation Act does not appear to be designed to protect the public by assuring it of adequately trained physicians. See Rush-Presbyterian-St. Luke\u2019s Medical Center v. Hellenic Republic, 980 F.2d 449 (7th Cir. 1992) (determining that a hospital which failed to obtain a \u201ccertificate of need\u201d from a state board in order to perform kidney transplants was not barred from collecting its bills for services because the statutory violation was not a serious affront to public policy or a serious injury to the public welfare that would justify a refusal to enforce the contract).\nDespite our determination that Shawn lacks the requisite standing to raise the issue of whether the bills for services were void because the medical company\u2019s failure to obtain the certificate of registration required by the Medical Corporation Act, Shawn is entitled to present evidence of whether the bills for chiropractic services were reasonable and necessary. See Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 392 N.E.2d 1 (1979) (determining that a personal injury plaintiff is not entitled to recover for the value of services that he has obtained without expense, obligation, or liability). As such, this court must consider the doctors\u2019 second contention that the trial court erred when it determined that EPCC\u2019s and ODR\u2019s bills were void because nonlicensed individuals were providing medical treatment to Neil and Brandi in violation of the Medical Practice Act.\nSection 3 of the Medical Practice Act (225 ILCS 60/3 (West 1998)) provides that \u201c[n]o person shall practice medicine, or any of its branches, or treat human ailments without the use of drugs and without operative surgery, without a valid, existing license to do so.\u201d\nBased on our review of the record, we believe there is a genuine issue of material fact as to whether the services provided by Derek and other unlicensed employees violated the Medical Practice Act. The doctors claim that all of the chiropractic examinations and manipulations given to Neil and Brandi were rendered by them and that the physical therapy performed by Derek and the others was under the doctors\u2019 direct and constant supervision. The doctors also claim that no investigation was ever conducted by the Department into whether employees of EPCC or ODR were conducting inappropriate activities. Shawn claims the chiropractic therapies and testing performed by Derek and the others should have been performed by licensed and trained individuals. Because a factual issue exists regarding whether laypersons were unlawfully practicing medicine in violation of the Medical Practice Act, we hold that the trial court erred when it granted Shawn\u2019s motion for partial summary judgment. See American National Bank v. Powell, 293 Ill. App. 3d 1033, 691 N.E.2d 1162 (1997) (determining that summary judgment should be denied if a disputed material fact exists).\nFor the foregoing reasons, the judgment of the circuit court of Tazewell County is reversed, and this cause is remanded to the trial court for further proceedings consistent with this order.\nReversed and remanded.\nHOMER, P.J., concurs.", "type": "majority", "author": "JUSTICE BRESLIN" }, { "text": "JUSTICE HOLDRIDGE,\ndissenting:\nI respectfully dissent. I would affirm the trial court. The majority\u2019s finding that Davis lacked standing to challenge the validity of the bills issued by Dr. Childs and ODR ignores the fact that, in the underlying lawsuit, the plaintiffs sought to hold Davis liable for those bills. Clearly, Davis was in immediate danger of sustaining a direct injury (i.e., liability for payment of certain bills), and potential injury to his property rights was far more than abstract. I would find that Davis had standing to challenge the validity of the bills that plaintiffs sought to require him to pay.\nLikewise, on the merits, I would affirm the trial court. An unlicensed entity cannot collect for services it rendered that would require a license. Tovar v. Paxton Community Memorial Hospital, 29 Ill. App. 3d 218, 220 (1975). Likewise, where the licensing requirements are promulgated for the protection of the public, our courts have held that contracts violating statutes governing the licensing of professionals injure the public welfare and therefore cannot be enforced under any theory, including quantum meruit. See Ransburg v. Haase, 224 Ill. App. 3d 681, 684-85 (1992). As there was no factual dispute over the appellants\u2019 failure to comply with the licensing provisions of the Medical Corporation Act (805 ILCS 15/5 et seq. (West 1998)), I would find that the trial court was correct in granting defendant\u2019s motion for summary judgment.", "type": "dissent", "author": "JUSTICE HOLDRIDGE," } ], "attorneys": [ "Troy I. Roberts (argued), of Cusack, Fleming, Gilfillan & O\u2019Day, of Peoria, for appellants.", "Michael T. Reagan, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., of Ottawa, and Harry Rosenberg, Jr. (argued), and Florence M. Schumacher, both of Sudekum, Rosenberg & Cassidy, Chtrd., of Chicago, for appellee." ], "corrections": "", "head_matter": "NEIL BROCKETT, a Minor, By His Father and Next Friend, Ronald Brockett, et al., Plaintiffs, v. SHAWN DAVIS, Defendant-Appellee (Gary Childs et al., Intervening Parties-Appellants).\nThird District\nNo. 3\u201400\u20140522\nOpinion filed September 13, 2001.\nModified on denial of rehearing November 29, 2001.\nHOLDRIDGE, J., dissenting.\nTroy I. Roberts (argued), of Cusack, Fleming, Gilfillan & O\u2019Day, of Peoria, for appellants.\nMichael T. Reagan, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., of Ottawa, and Harry Rosenberg, Jr. (argued), and Florence M. Schumacher, both of Sudekum, Rosenberg & Cassidy, Chtrd., of Chicago, for appellee." }, "file_name": "0727-01", "first_page_order": 745, "last_page_order": 751 }