Brown v. Highland Park Hospital

Decision Date26 March 1979
Docket NumberGen. No. 78-81
Citation26 Ill.Dec. 211,69 Ill.App.3d 769,387 N.E.2d 1041
Parties, 26 Ill.Dec. 211 Jane K. and Wesley A. BROWN, Plaintiffs-Appellants, v. HIGHLAND PARK HOSPITAL, Eliot L. Silbar, M.D., Howard C. Wechsler, M.D. and H. L. Keeling, M.D., Individually and doing business as Associates in Anesthesia, Defendants-Appellees.
CourtUnited States Appellate Court of Illinois

Boehm & Weinstein, Burton I. Weinstein, Chicago, for plaintiffs-appellants.

Pretzel, Stouffer, Nolan & Rooney, Joseph B. Lederleitner and Robert M. Chemers, Chicago, Brydges, Riseborough & Morris, Waukegan, McKenna, Storer, Rowe, White & Farrug, Mairen K. Christenson and Robert S. Soderstrom, Chicago, for defendants-appellees.

WOODWARD, Justice:

This appeal is from an order denying plaintiffs' motion to vacate an order of dismissal entered as a sanction for failure to comply with discovery orders. Plaintiff, Jane Brown, was admitted to defendant Highland Park Hospital on May 20, 1973 for diagnosis of the cause of her infertility. She was under the care of defendant Dr. Silbar, and during surgery was anesthetized by defendant Dr. Wechsler. During surgery she suffered a cardiac arrest lasting about six minutes. This suit was filed on May 20, 1975 to recover damages for injuries resulting from the cardiac arrest. Count I alleges negligence; Count II is based upon the doctrine of res ipsa loquitur; and Count III, brought by her husband, Wesley Brown, is for loss of consortium.

Plaintiffs were served with interrogatories on June 13, 1975. Among other information requested was the name, address and specialty of experts expected to testify at trial; this question was not answered. On September 9, 1975, plaintiffs were ordered by the trial court to comply with discovery. During nearly two years thereafter the trial court entered eight additional orders for plaintiffs to comply with discovery requesting disclosure of their experts. Plaintiffs having not complied with these orders, the court, on August 25, 1977, granted defendants' motion to dismiss for failure to comply with discovery.

On September 26, 1977 (the 30th day after the dismissal falling on a Saturday) plaintiffs filed a motion to vacate the dismissal, alleging that they had now retained an expert who would be produced for deposition. A hearing on this motion was continued so that the three experts named by the plaintiffs could be deposed. Defendants thereafter filed a motion to deny plaintiffs' motion to vacate, supported by an affidavit of defendant Silbar's attorney. The affidavit stated that each of the three experts named by plaintiffs had been contacted by defendants and that each stated he was not going to testify for plaintiffs in this cause; further, that plaintiffs had been requested to produce the experts for deposition and that plaintiffs provided no response to this request. On November 17, 1977, the order denying plaintiffs' motion to vacate dismissal was entered for failure to produce expert witnesses on the issue of the medical negligence of the defendants as required by the various...

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5 cases
  • Bennett v. Raag, 81-194
    • United States
    • United States Appellate Court of Illinois
    • January 22, 1982
    ...date. (See Mast v. Krusemark (1980), 83 Ill.App.3d 107, 111, 38 Ill.Dec. 512, 403 N.E.2d 743; Brown v. Highland Park Hospital (1979), 69 Ill.App.3d 769, 771, 26 Ill.Dec. 211, 387 N.E.2d 1041; Mendelson v. Feingold (1979), 69 Ill.App.3d 227, 233, 25 Ill.Dec. 707, 387 N.E.2d 363.) The instant......
  • Tierney v. Community Memorial General Hosp., 1-92-2262
    • United States
    • United States Appellate Court of Illinois
    • December 2, 1994
    ...Personal Injury Settlement Trust (1992), 225 Ill.App.3d 882, 167 Ill.Dec. 1063, 588 N.E.2d 1193; Brown v. Highland Park Hospital (1979), 69 Ill.App.3d 769, 26 Ill.Dec. 211, 387 N.E.2d 1041. As they did before the trial court, defendants point out that it is incumbent upon plaintiff to offer......
  • Phelps v. O'Malley
    • United States
    • United States Appellate Court of Illinois
    • August 3, 1987
    ...or where the allowance or denial of the testimony produced reversible error requiring retrial (Brown v. Highland Park Hospital (1979), 69 Ill.App.3d 769, 26 Ill.Dec. 211, 387 N.E.2d 1041; Mendelson v. Feingold (1979), 69 Ill.App.3d 227, 25 Ill.Dec. 707, 387 N.E.2d 363). (Ill.Ann.Stat., ch. ......
  • Country Mut. Ins. Co. v. Aetna Life and Cas. Ins. Co.
    • United States
    • United States Appellate Court of Illinois
    • March 26, 1979
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