Plaintiff as administrator of the estate of deceased individual filed a wrongful death claim premised on medical malpractice. The circuit court barred plaintiff’s expert testimony for failing to comply with disclosure deadlines and subsequently granted summary judgment for the defendant. On appeal, plaintiff argued that barring the expert testimony was an abuse of discretion and that the trial court erred when it granted summary judgment for the defendants. The appellate court affirmed, finding that the circuit court acted within its discretion in determining that the sanction of barring the testimony was appropriate where plaintiff’s disclosures were made well after the court’s established, and then extended, deadline for disclosure and that plaintiff could not establish causation without that testimony. (GRISCHOW and HARRIS, concurring)
Illinois Appellate Court
Civil Court
Disclosure Deadlines