SMITH v. P.A.C.E., A SUBURBAN BUS DIV.

Nos. 1-00-3748, 1-00-3750.

753 N.E.2d 353 (2001)

323 Ill. App.3d 1067

257 Ill.Dec. 158

Timothy SMITH, Plaintiff-Appellant, v. P.A.C.E., A SUBURBAN BUS DIVISION OF the REGIONAL TRANSPORTATION AUTHORITY, and Gerald Rapaport, individually and in his capacity as an employee of P.A.C.E., Defendants-Appellees (Florence Boone, individually and in her capacity as chairman of the Board of Directors of P.A.C.E.; The Board Members of P.A.C.E., individually and in their capacity as board members of the P.A.C.E. Board of Directors; Joseph DiJohn, individually and in his capacity as Executive Director of P.A.C.E.; and the Regional Transportation Authority, Defendants). Timothy Smith, Plaintiff-Appellant, v. Gerald Rapaport, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

June 28, 2001.


Attorney(s) appearing for the Case

Stotis & Baird Chartered, Chicago, Eric J. Parker, of counsel, for Appellant.

Querrey & Harrow, Ltd., Chicago, Kelli A. Borden, David E. Neumeister & Suzanne M. Ganier, of counsel, for Appellees.


Justice HOFFMAN delivered the opinion of the court:

Timothy Smith, the plaintiff in this refiled negligence action, was barred from introducing any evidence in support of his claim for lost income and also barred from calling any witnesses upon the trial of the cause by reason of his having failed to comply with discovery in his original action. Thereafter, on motion of the defendant, Gerald Rapaport, the circuit court entered summary judgment against the plaintiff...

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