![]() The circuit court denied the motion, but certified a question to the appellate court, which concluded that the court had discretion to deny a motion for substitution filed by a plaintiff, where the court had ruled on matters of substance in plaintiff’s previously dismissed suit. Bowman moved for substitution of judge as of right (735 ILCS 5/2-1001(a)(2)(ii). The refiled suit was assigned to the same judge who had presided over the earlier proceedings. Four months later, she refiled, asserting the same claims of negligence. Following pre-trial rulings on substantial issues involving discovery disclosures, Bowman voluntarily dismissed her complaint. Bowman, as special administrator of the Brown estate, brought a medical malpractice action against Doctor Ottney.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |