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SPURGEON v. MRUZ

No. 1-04-1931.

832 N.E.2d 321 (2005)

358 Ill. App.3d 358

295 Ill.Dec. 170

Pamela SPURGEON, Individually, and as Special Administrator of the Estate of Jenna Spurgeon, Deceased, and Mark Spurgeon, Plaintiffs-Appellants, v. Richard MRUZ, M.D., Richard Mruz, S.C., and Timothy Albion, M.D., Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

June 28, 2005.

Attorney(s) appearing for the Case

Paul M. McMahon and Jessica M. Scheller, Costello, McMahon & Burke, Ltd., Chicago, for Appellants.

Robert Marc Chemers, Timothy A. Weaver, Scott L. Howie and Christine J. Iversen, Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers and Scott L. Howie, of counsel), for Appellees.

Justice WOLFSON delivered the opinion of the court:

Following a jury trial of the plaintiffs' medical malpractice action, the jury found in favor of defendant Richard Mruz, M.D.1 The plaintiffs appeal the trial court's denial of their motion to bar the defendant's expert witness from testifying. They contend the court abused its discretion in allowing the witness to testify where the witness was not produced for a deposition until trial...

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