Ramos v. Kewanee Hospital

Physician filed declaratory judgment action seeking declaration that hospital improperly summarily suspended his privileged. Plaintiff voluntarily dismissed his second amended complaint, then filed current action six weeks later. Verdict for hospital after jury trial. Although trial court has authority to take further adverse action in refiled matter, such as barring witnesses or limiting discovery, reasonable expenses incurred in defending action must be levied in the original action. Thus, after Plaintiff refiled new action, court lacks authority to award Rule 219(e) costs for Defendant in voluntarily dismissed action. Where court found that Plaintiff had "tested the waters" in the voluntarily dismissed action, court properly denied motion for substitution of judge in refiled action. CARTER and O'BRIEN, concurring.)