Ill. Court Affirms New Trial Order, Says Plaintiff Was 'Ambushed'

SPRINGFIELD, Ill. - An Illinois appellate court has refused to reverse a trial court order granting a plaintiff a new trial in a wrongful death case, affirming the lower court's finding that the defendant failed to properly amend responses to interrogatories concerning its medical expert witness. White v. Garlock Sealing Technologies, No. 4-06-0688 (Ill. App. Ct., 4th Dist.).

On May 2, the Fourth District Court of Appeal further stated that the trial court didn't abuse its discretion in imposing restrictions on any future testimony by Garlock Sealing Technologies' witness on retrial.

A jury in 2005 returned a verdict for Garlock …