Illinois Law - Jury Instructions

New v. Pace Suburban Bus Service, Nos. 1-08-3605 & 1-08-3606 (January 27, 2010). Although plaintiff’s counsel was denied j.n.o.v. following a defense verdict, the appellate court upheld Rule 219 discovery sanctions of $17,000 for plaintiff’s counsel’s attorney’s fees and costs relating to deposition of defense medical expert who “resigned” after deposition, as defendant had prior knowledge that expert was refusing to respond to deposition subpoena for his tax records and could have been withdrawn prior to deposition.

The court also found proper the use of both common carrier and ordinary driver jury instructions as to negligence.