Judgment for Defendants after jury trial in professional negligence action after dental implants surgically placed by dentist failed. Court abused its discretion by allowing defense expert to present an actual human skull and a model skull to jury without disclosing skulls to Plaintiff prior to trial. Expert's improper use of skulls substantially prejudiced Plaintiff by misleading jury to believe that skulls accurately represented bone density levels and structure of Plaintiff's maxilla. Failure to disclose prejudiced Plaintiff's ability to effectively cross-examine expert. Plaintiff did not "invite error" through her expert's use of demonstrative evidence. Defense expert failed to present sufficient foundation for reliability of his opinion that Plaintiff's rheumatoid arthritis and osteopenia causally contributed to failure of implants. (CARTER and LYTTON, concurring.)
Illinois Appellate Court
Civil Court
Expert Witnesses