In this case of medical malpractice, the trial court refused to allow the plaintiff to name a pediatric oncologist as one of her expert witnesses. The plaintiff, Kelli Boehle, used what is called a “strategic voluntary dismissal” in order to name a new additional expert. Right after refiling the case under Section 13-217 of the Illinois Code of Civil Procedure, Boehle listed the same pediatric oncologist that the trial court had originally denied as being tardy.
The defendants relied on Illinois Supreme Court Rule 219(e), which lists a set of authorized consequences for “refusal to comply” with discovery/pretrial rules and orders. They moved to bar Boehle from using the oncologist as an expert in the refiled case.
Although the trial judge denied the motion because Boehle had not engaged in any sanctionable conduct in the first case, the judge certified two questions for immediate review under Illinois Supreme Court Rule 308. Both questions raised to call for yes/no answers focused on whether Rule 219(e) should be interpreted to “prevent Boehle from naming the oncologist as one of her experts in the revived litigation.