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SMOCK v. HALE

No. 4-89-0673.

197 Ill. App.3d 732 (1990)

555 N.E.2d 74

CYNTHIA SMOCK et al., Plaintiffs-Appellants, v. MARSHALL HALE, Defendant-Appellee (Passavant Hospital, Defendant).

Appellate Court of Illinois — Fourth District.

Rehearing denied June 25, 1990.

Attorney(s) appearing for the Case

Wayne R. Golomb, of Springfield, for appellant.

Heyl, Royster, Voelker & Allen, of Peoria (Karen L. Kendall, Frederick P. Velde, and Francis J. Lynch, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

In this malpractice action, the defendant succeeded in disqualifying the sole disclosed medical expert for the plaintiff in the pretrial setting. He then filed for summary judgment on the ground the plaintiff had failed to show any present ability to offer competent expert testimony on the applicable standard of medical care. The circuit court thereafter disposed of the action...

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