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Case Law Update: Discovery Sanctions in Personal Injury

Jones v. Chicago Cycle Center, No. 1-07-0724 (5-5-09), affirmed that after a defendant filed multiple motions in limine seeking to bar plaintiff’s witnesses in product liability personal injury lawsuit, from testifying to specific fact because of failure to timely disclose in discovery, and plaintiff moved to voluntarily dismiss the complaint, trial court did not abuse its discretion when it ordered plaintiff to pay defendant’s discovery costs and expenses in an amount in excess of $181,000, pursuant to SCR 219. However, rather than making payment a condition of re filing, trial court should have made the expenses payable upon re filing of the complaint. This case will have an effect on personal injury cases.