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No Opinion Witnesses at This Time

01 Apr 2003

Appellate Court ruled that 213(g) answer indicating that a party had "no opinion witnesses at this time" did not warrant barring experts at trial where the witnesses were treating physicians who were deposed, disclosed under 213(f) and were previously disclosed as opinion witnesses by the party moving to have the witnesses barred as a discovery sanction.  As a result of the information exchanged between the parties regarding the plaintiff's treating physicians, the defendant could not claim he was "sandbagged" by their testimony at trial and his motion to bar was properly denied.  McGovern v. Kaneshiro, No. 1-01-0150, 2003 Ill.App. LEXIS 86 (1st Dist. Jan. 27, 2003).

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