Chemers argues issue of first impression before Illinois Supreme Court

Pretzel & Stouffer shareholder Robert Chemers argued a case of first impression in the a Illinois Supreme Court yesterday involving the question whether a plaintiff who disclosed a Rule 213(f)(3) controlled expert witness can re-designate the expert as a non- testifying consultant and thereby bury the expert’s negative report?

The trial court said no, and the Appellate Court said yes. Here, the neurologist performed an electromyography study on the medical malpractice plaintiff which must have produced results harming the plaintiff’s damages claim such that the plaintiff did an about face with her expert.