Thompson v. Illinois Power Co.

PRESIDING JUSTICE GOLDENHERSH,

dissenting:

I respectfully dissent.

The reasons for my dissent from the majority opinion are its disposition of the alleged Rule 220 violation (134 Ill. 2d R. 220) by allowing the testimony of Mr. Gruber and its treatment of the trial court’s directed verdict concerning comparative negligence.

The majority opinion explicitly states or implies numerous points concerning Mr. Gruber: that he is an expert witness who would fall under the disclosure requirements of Rule 220; that he was called by surprise to defendants after the cross-examination of plaintiff and equally…