Plaintiff filed a medical malpractice action as the independent administrator of the estate of a deceased individual and named several medical providers as respondents in discovery pursuant to section 2-402 of the Code of Civil Procedure. Plaintiff sought to convert a respondent to a defendant and the trial court denied the motion, finding that plaintiff did not present sufficient evidence to support conversion. The appellate court affirmed and the Supreme Court granted leave to appeal. The Supreme Court reversed both the appellate court and the trial court, finding that the evidence presented by plaintiff, which included affidavits, discovery depositions, medical records, reports, and x-rays, was legally sufficient because it would cause a person of ordinary caution and prudence to develop an honest and strong suspicion that the purported negligence of the respondent was a proximate cause of plaintiff’s injuries. (THEIS, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring. HOLDER WHITE took no part in the decision.)
Illinois Supreme Court
Civil Court
Respondent in Discovery