Fosse v. Pensabene

This matter comes before the court as an interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). Plaintiff, Linda Fosse, as executor of the estate of Robert Pace, deceased, appeals the trial court’s order barring the introduction of the results or other evidence obtained from the autopsy performed upon the decedent. In so ruling, the trial court certified three questions for appeal:

“Whether an autopsy of the plaintiff’s decedent performed during the pendency of litigation was discovery”;

“If the answer to the preceding question is in the affirmative, whether it is…