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Case Law Update: Admissibility of Expert Testimony

The Illinois Appellate Court reviewed Wartalski v. JSB Construction and Consulting Company and affirmed the trial court’s holding in a personal injury lawsuit that the defendants were not required to file a 2-1202 post trial motion challenging the trial court’s admission of treating physicians’ testimony that plaintiff’s exposure to UV radiation caused his facial dystonia, in order to preserve the issue for appeal. However, trial court was not required to conduct a Frye hearing before admitting testimony from plaintiff’s treating physicians that plaintiff’s exposure to unshielded ultraviolet lamp caused damage to his 7th cranial nerve and resulting dystonia.