16 Mcmath V Katholi, 304 Ill App 3d 369, 711 Ne2d 1135, 238 Ill Dec 474 (4th D 1999), Revd on Other Grounds, 191 Ill 2d 251, 730 Ne2d 1, 246 Ill Dec 321 (2000).

• Library: Illinois Supreme Court Rule 213(f) & (g) - Quick Reference Guide (2011 Ed.)

16. McMath v Katholi, 304 Ill App 3d 369, 711 NE2d 1135, 238 Ill Dec 474 (4th D 1999), revd on other grounds, 191 Ill 2d 251, 730 NE2d 1, 246 Ill Dec 321 (2000).

Facts of case: Plaintiff filed a medical malpractice action against defendant for the wrongful death of her husband. Plaintiff alleged that defendant committed malpractice by failing to conduct an examination of her husband or refer him to another available doctor prior to sending him home. Plaintiff's husband suffered a heart attack on the way home from defendant's office and died.

Rule 213 facts: In January 1994, plaintiff took defendant's discovery deposition. At the time of the deposition, Supreme Court Rule 220 governed the disclosure of expert witnesses. However, effective January 1, 1996, the Supreme Court amended Rule 213 to include discovery and disclosure of opinion witnesses. Accordingly, in June 1996 the trial court entered a case management order which noted that defendant had completed his disclosure of all opinion testimony pursuant to Rule 213 and had named Dr. Aldred Heckman, Jr. as his only opinion witness. Defendant never updated this disclosure.

On the last...