SMITH v. CITY OF CHICAGO

No. 1-97-2666.

702 N.E.2d 274 (1998)

299 Ill. App.3d 1048

234 Ill.Dec. 108

Melba N. SMITH, Individually and as Executor of the Estate of Arthur E. Smith, Deceased, Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corporation, and Fed & Son Construction Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

October 22, 1998.


Attorney(s) appearing for the Case

William J. Harte, Ltd., Richard Prendegast, Ltd., Chicago (William Harte, Richard Prendegast & Jeffrey D. Javors, of counsel), for Plaintiff-Appellant.

Fraterrigo, Beranek, Feiereisel & Kasbohm, Chicago (Michael McCormick & Fredrick J. Fraterrigo, of counsel), for City of Chicago.

Kralovec & Marquard, Chartered, Chicago (William Spizzirri, Michael Sprengnether & Timothy Takash, of counsel), for Fed & Son Const. Co.


Justice HOFFMAN delivered the opinion of the court:

The plaintiff appeals from an order of the circuit court directing a verdict in favor of both defendants as a sanction for the plaintiff's attorney having revealed the substance of the trial testimony of two witnesses to the plaintiff's expert witness. For the reasons which follow, we reverse and remand this cause for a new trial.

A detailed recitation of the facts giving rise to this litigation can be found...

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