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Sullivan v. Eichmann11/18/2004
Docket No. 96931-Agenda 23-September 2004.
In this medical malpractice case, the circuit court of Winnebago County denied plaintiff's request to substitute counsel immediately preceding arguments on defendant's motion for summary judgment, granted defendant's motion for summary judgment, and subsequently denied plaintiff's motion to reconsider. Plaintiff appealed these rulings, and the appellate court affirmed. No. 2-01-1386 (unpublished order under Supreme Court Rule 23). We allowed plaintiff's petition for leave to appeal. 177 Ill. 2d R. 315. The principal issue we consider in this case is whether the trial court abused its discretion in denying substitution of counsel prior to arguments on defendant's motion for summary judgment.
BACKGROUND
In September 1996, defendant, Dr. Robert Eichmann, a board-certified specialist in obstetrics and gynecology, performed abdominal surgery on plaintiff, Janet Sullivan. Sullivan experienced complications following surgery, including a perforated bowel. In September 1998, Sullivan filed a medical malpractice complaint against Dr. Eichmann, and alleged that Dr. Eichmann's negligent conduct caused her medical complications. A letter attached to the complaint, signed by Dr. Harrith M. Hasson, provided that Dr. Eichmann deviated from the standard of care during his treatment of Sullivan. See 735 ILCS 5/2-622 (West 1998). At the time of filing her complaint, Sullivan was represented by trial counsel Gregory Barrett.
Subsequently, the parties conducted discovery. Several times during discovery, court orders were amended to extend the time to disclose and depose fact and expert witnesses. The trial court repeatedly ordered Sullivan to formally disclose the name of her expert and the expert's opinions, and to make the expert available to be deposed. On February 15, 2001, during a routine status hearing, Barrett informed the court that Dr. Hasson was withdrawing as an expert and was not willing to testify that Dr. Eichmann was negligent. Barrett requested additional time to seek a new expert. The court granted the request, and ordered Sullivan to disclose an expert and answer all interrogatories by March 19, 2001. Sullivan did not comply with the trial court's order. On April 6, 2001, Dr. Eichmann filed his "Combined Motions to Dismiss and/or for Summary Judgment." Pursuant to Supreme Court Rule 219, Dr. Eichmann sought the dismissal of Sullivan's complaint due to Sullivan's failure to comply with the trial court's discovery orders. See 166 Ill. 2d R. 219(c). Alternatively, Dr. Eichmann sought summary judgment as a matter of law because Sullivan failed to identify or provide the opinion of an expert witness who would state that Dr. Eichmann deviated from the standard of care. See 735 ILCS 5/2-1005 (West 2002). Dr. Eichmann argued that without an expert Sullivan was not able to establish a prima facie case of medical negligence.
On May 4, 2001, the motion for summary judgment was heard by the trial court. A court reporter was not present during the hearing and, therefore, the record does not contain a transcript. However, Sullivan's motion to reconsider and petition for leave to appeal to this court, together with Dr. Eichmann's brief to this court and the transcript from the hearing on Sullivan's motion to reconsider, provide a sketch of what transpired on May 4, 2001. The transcript discloses that Sullivan's new counsel, Michael Holoka, provided an oral account of what occurred in court on May 4, 2001. Dr. Eichmann did not contest the facts as orally detailed by Sullivan's attorney. Further, Dr. Eichmann did not contest the facts as outlined by Sullivan in her petition for leave to appeal to this court or during oral argume
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