Dameron v. Mercy Hospital & Medical Center

Summary

The court held that Dameron could timely redesignate Dr. Preston from a controlled testifying expert to a nontestifying consultant because she withdrew him nearly a year before trial and had not disclosed his report. As a result, Rule 201(b)(3) protected both the report and EMG-study results, including factual data, absent a showing of exceptional circumstances, which defendants failed to make. The court affirmed the appellate judgment, vacated the contempt finding and fine, and remanded to the circuit court.