[Download] "Gayton v. Levi" by Illinois Appellate Court First District (1St Division) Judgment Affirmed # eBook PDF Kindle ePub Free
eBook details
- Title: Gayton v. Levi
- Author : Illinois Appellate Court First District (1St Division) Judgment Affirmed
- Release Date : January 07, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The plaintiff, Lucia Gayton, filed a negligence action in the circuit court of Cook County on July 13, 1982, against a number of defendants including Thomas Stilp, M.D., and Wilbur F. Britt, M.D. The plaintiff also named five additional doctors and two hospital corporations as defendants, but they are not involved in this appeal. The complaint sought to recover damages for personal injuries allegedly caused by the defendants' malpractice which arose out of two back operations the plaintiff underwent in June and July of 1981. Pursuant to a motion for sanctions filed by defendants, Britt and Stilp, the trial court dismissed the claims against them on September 26, 1983. The plaintiff filed a petition pursuant to section 2-1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2-1401) on November 22, 1983, which sought reinstatement of her claims against Britt and Stilp. The court denied the relief prayed for in the petition on March 20, 1985. The plaintiff has now appealed contending that the trial court abused its discretion when it denied the plaintiff's section 2-1401 petition. Shortly after plaintiff's suit was filed, the defendants served her with six sets of interrogatories and three requests to produce between August and December 1982. The plaintiff failed to answer the interrogatories or comply with the production requests of the defendants. Thereafter, the case was automatically scheduled for a hearing on the circuit court progress call to be heard on January 13, 1983. On the day of the hearing, the attorneys met in the hallway prior to the hearing, discussed plaintiff's noncompliance with discovery, and agreed upon a discovery schedule. The progress-call judge incorporated the agreed schedule into his order, which required the plaintiff to comply with all written discovery by March 1, 1983. The plaintiff failed to comply with the court order.