Batson v. Township Village Associates, LP

Illinois Appellate Court
Civil Court
Discovery
Citation
Case Number: 
2019 IL App (5th) 170403
Decision Date: 
Monday, January 7, 2019
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Certified question answered; remanded.
Justice: 
CATES

Plaintiff filed complaint for injuries sustained while riding in an elevator. Court denied Plaintiff's motion to bar testimony of Defendants' examining physician because Plaintiff's counsel was not provided with a copy of examiner's report within time required under Supreme Court Rule 215(c). The failure to deliver a copy of examiner's report to counsel for the party examined within time specified by Rule 215(c) or within any extension or modification thereof granted by court will result in exclusion of examiner's testimony, opinions, and results of any tests or X-rays that were performed, except at the instance of the party examined. (CHAPMAN, concurring; WELCH, specially concurring.)