King v. Clemons

Although not specifically addressed by the majority in its opinion, I agree the rules of discovery are broad enough to accommodate plaintiff’s notice to preserve. And, because the rules recognize notices such as plaintiff’s, I therefore reluctantly concur in upholding the sanction imposed in this instance. (See American Family Insurance Co. v. Village Pontiac-GMC, Inc. (1992), 223 Ill. App. 3d 624, 626-28, 585 N.E.2d 1115, 1118-19; Graves v. Daley (1988), 172 Ill. App. 3d 35, 38-39, 526 N.E.2d 679, 681-82.) I believe the more appropriate method, however, would have been to secure a protective…